itf'^^i^"--:;- 



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Class _. 
Book._ 



.'- o /. -^ 



SPEECHES 

OF THE 

GOVERNORS OF MASSACHUSETTS 

FROM 

1765 TO 1775; 
THE ANSWERS 

OF 

THE HOUSE OF REPRESENTATIVES, 

TO THE SAME j 

AVITH THEIR 

RESOLUTIONS AND ADDRESSES 

FOR THAT PERIOD. 

AND OTHER 

PUBLIC PAPERS, 

HEX, A TINS TO THE 

DISPUTE BETWEEN THIS COUNTRY AND GREAT BRITAIN, 

WHICH tED 
TO THE INDEPENDENCE OF THE UNITED STATES. 



BOSTON : 

PRINTED BY RUSSELL AND GARDNER, 

PROPniETOKS OF THE WORK 

1818. 




XrtSTRICT OF MASSACHUSE'BTS.«.....TO WIT : 

District Clerk's Office. 

BE IT ilEME:MBER.KD, that on the seventh day of December, A.I>. eighteen hun- 
dred and eighteen, and in the forty-third yeof: of the Independence of the United States 
of America, RUSSELL & GAHdnek, of the said District, have deposited in this Office 
the title of a Book, tlie right whereof they tlaim as Proprietors, in the words following, 
to wit..-" Speeches of the Governors of Massachusetts, from 1765 to 1775; and the An- 
swers of tiie House of Representatives, to the same ; with their Resolutions and Addresses 
for that period, and other Public Papers, relating to the dispute between this country 
and Great Britain, which led to the Independence of the United States." 

In conformity to the Act of the Congress of the United States, entitled " An act for 
the Encouragement of Learning, by securing the copies of Maps, Charts and Books, to 
the Authors and Proprietors of such copies, during the time therein mentioned ;" and 
also to an act^ entitled " An act supplementary to an act, entitled An act for the En- 
couragement of Learning, by securing the copies of Maps, Charts and Books, to the Au- 
thors and Proprietors of such copies, during the times therein mentioned ; and extending 
the benefits thereof to. the arts of Designing, Engraving and Etching Historical, and 
■Ther Prints." 

JOHN W. DAVIS, 

Clerk of the District of Miissarfiiis/'tt.'s, 



A^i 



INTRODUCTORY REMARKS, 



BY THE EDITOR, 



THE Independence of the United States of America, with 
respect to the government of Great Britain, of which, from their 
first settlement, they had been colonies, thus making a part of 
that mighty empire, is an event of no ordinary magnitude. The 
principles, which operated to produce it, are, in a political view, 
, of the highest moment to civilized society ; and the consequences 
have been such, as not only to exceed all calculation, and astonish 
the most sanguine theorist, but to promote, in a wonderful degree, 
the freedom, the improvement, and the best interests of man. It 
cannot, then, be a useless labor to collate and preserve the docu- 
ments, which serve to develope the characters, and to exhibit the 
views and principles of the individuals, who were instrameutal in 
effecting that glorious event. 

The English, who first settled in North America, were men of 
great hardihood and enterprize. And in addition to these lofty 
qualities, we may also justly attribute to them, with a very fevr 
exceptions, an unconquerable love of civil liberty. Perhaps, in a 
few instances, adventurers to this new world were actuated prin- 
cipally by a love of gain. It is particularly true, however, of the 
first English inhabitants of Plymouth, Massachusetts, Rhode Island 
and Connecticut, that they were not only brave and enterprizing, 
but strongly attached to the principles of civil and religious free- 
dom. In truth, this sentiment in them was a passion ; and this 
passion was often raised to enthusiasm. Perhaps, a love of reli- 
gious liberty was their predominant trait of character. Yet they 
were scarcely less tenacious of their political, thaa of their reii' 



4 INTRODUCTORY REMARKS. 

gious rights. Many of them were men of education and reflection. 
They lived too in times when politictd subjects were much agita- 
ted ; and early imbibed a spirit of free inquiry on questions 
relating to the end and design of civil governmeot. 

It may be well doubted, whether any people, who were advo- 
cates for religious freedom, ever discovered any indifference to 
their political condition. It is certain, however, that this incon- 
sistency cannot be justly charged upon our ancestors, the first 
inhabitants of New England. To enjoy liberty of conscience in 
religious worship, was their principal object in settling a wild and 
savage territory, and submitting to the various privations and suf- 
ferings necessarily incident to their situation. But it is abund- 
antly evident from their history, that they early claimed and 
k exercised the powers of self government — made lai^s (as fir as 
was necessary to add to the common law) for the regulation, de- 
fence and support of the colonies, and openly opposed every 
attempt to control their own authority in civil concerns, which a 
mista;ken or corrupt ministry in England ever dared to make. 
They exercised the various prerogatives of sovereignty, by the 
infliction of capital punishments ; maintaining courts of judica- 
ture, from which, in most cases, there was no appeal ; corning 
money ; raising and disbanding troops at their own instance and 
will ; and laying their taxes, without any addition or interference 
from the government of Great Britain. Yet they acknowledged 
allegiance to the Crown of England. They boasted of being sub- 
jects of the British King ; and readily yielded obedience to his 
requisitions, though they claimed the merit of consenting, or of a 
voluntary compliance. The controling and paramount authority 
of the King or Parliament even, was not indeed denied* on the one 
hand, nor exercised, except in a few instances, on the other, but 
with the assent and approbation of the colonists. 

•Judge Marshall, in the introduction to bis Life of Washington, says, "the authority 
of Parliament to lay taxes on the colonies was denied by the General Court of Massachu- 
setts Bay in 1692." An act of the Governor, Council and House of Representatives of this 
' colony in October, 1692, "setting forth general i>rivileges, declared and enacted," 
among other tilings, as follows, (which is the only declaration we have been able to find to 
that effect) "that no aid, tax, assessment, loan or imposition whatever, shall be laid, as- 
sessed, imposed or levied, on any of their Majesties subjects, on any color or pretence 
yt\iM.escr, but by the act and consent of the Governor, Council and Representatives of the peoptt, 
assembled in General Court ; and that no freeman shall be taken and imprisoned, or de- 
prived of his freehold or liberty ; nor shall he be judged or condemned, but by the lawful 
lud^ment of his Peers, or the law of this Province." 



■tt' 



INTRODUCTORY REMARKS. 5 

The distinction, however, it must be acknowledged, was never 
fully settled, between the rights or claims set up by the colonists, 
and the authority asserted by the King and Parliament of Great 
Britain. There was no formal decision on the subject, and no 
opinion seems to have obtained, which was not denied, or assented 
to with reluctance, either by the advocates of the controling 
power of the parent country, or by individuals in the colonies. 
What the people in this country openly and explicitly contended 
for, was the sole right to lay internal taxes, while at the same 
time they admitted the authority of the British government to 
regulate trade and commerce. Whenever the question was agi- 
tated in England, it was there contended, that they might right- 
fully impose additional internal taxes, as well as raise a revenue 
for the Crown by duties on commercial enterprizes. The only 
inquiry with the ministry seems to have been, as to the policy and 
expediency of such measures. 

In the reign of George II. an act of Parliament was passed im- 
posing a duty on sugars, &c. But the duty was small, and the 
act was not very rigidly executed ; and was, therefore, submitted 
to without much complaint or opposition. But when, in the reign 
of George III. in 1764, the former act of George II. was con- 
tinued and enforced, the duty increased, and an impost also laid 
on the article of molasses brought to the colonies from any other 
than British plantations in the West Indies, and the jurisdiction 
of vice admiralty courts was enlarged, by which the people were 
deprived of trial by juries in all cases relating to revenue arising 
from these duties, and made liable to unreasonable and oppres- 
sive suits—the question was presented, with new and peculiar 
interest, of the constitutional right of Parliament to lay any taxes 
or raise any revenue, in the colonies, except in so far as the 
same should be consented to and voted for by the representatives 
of the people. 

It was abundantly evident to the apprehension of reflecting 
ijaen here, that the British ministry of that period, were deter- 
mined to raise a revenue from America, to enable them to meet 
the demands on that government, then greatly in debt, and the 
officers of which were supported at an enormous expense. The 
patriots in this country were resolved to resist this system at the 



6 INTRODUCTORY REMARKS. 

very outset. Their first objections, however, went rather fo the 
policy and equity of the measure, than to the right of Parliament 
to raise and collect a revenue from the colonies, as will be seen 
by some of the papers in the first part of this volume. They early 
contended, indeed, that their charter guaranteed to them the 
right to govern and tax themselves ; and that they and their 
fathers had suffered much in settling and defending the country, 
and had incurred a heavy debt for their own protection and that 
of the other British settlements against the common enemy, which 
would be a great burden for them for many years of peace and 
commercial prosperity, which they had little reason to expect, so 
long as the duties, recently imposed, should be continued. 

This opinion was advanced and urged from considerations sug- 
gested by some expressions in their charter, which seemed to 
admit of the construction, that the colonists were to enjoy the 
entire regulation of their own concerns ; for they believed the 
charter, not so much a grant of privileges, revocable at the plea- 
sure of Parliament, as a contract between the British government 
and the people who first settled this country, and submitted to 
various hardships and sufferings for the very purpose of having 
the right to legislate for themselves. They also pleaded, that 
they were originally and really Englishmen. They neither 
claimed nor wished, (at that period,) to be independent of the 
parent country, but acknowledged themselves as making a part 
of the British empire ; and therefore contended for a participa- 
tion of all the rights and privileges of British subjects ; one of 
which, and that fundamental and unalienable, according to the 
constitution and charter of that free country, was, to be subject 
to taxation only by consent of their own representatives. It was 
not, however, till after much oppression, and some hesitancy on 
the part of the ministry, and the high claims they advanced for 
royal prerogative and parliamentary authority ; not until the 
administration pretended to a right to legislate for and bind the 
colonies in all cases whatever ; and did, in fact, impose heavy 
and new duties on all commercial enterprizes ; that the colonist* 
proceeded to deny the constitutional right of Parliament to tax 
them, and asserted, to the fullest extent, the principle, that all 
attempts to raise taxes here by the British government, without 



# 



INTRODUCTORY REMARKS. 7 

ihc consent of our own legislature, Avas arbitrary and tyrannical, 
and ought to be opposed by the real friends of liberty. 

As early as 1765, resolutions were passed by the representa- 
tives of Massachusetts, and opinions were advanced in their replies 
to the speeches of the governors, who were then appointed by 
the Crown, claiming the exclusive right of laying taxes on the 
people in this colony ; and denying the constitutional authority 
of Parliament to impose them. The year preceding, indeed, they 
had fully expressed their doubts of the authority of Parliament in 
this case, and the conclusion was very evident, from the claims 
set up, and the arguments then advanced, that they did not al- 
low such a right in the government of the parent country. The 
ministry in England needed additional revenues to pay ofF the 
debt of the nation ; and being satisfied also of their right to raise 
it from the colonies, (though some individuals of great respecta- 
bility in England doubted the right,* and many, the policy, of the 
measure) they persevered in their plan of laying and collecting 
imposts ; and thus the administration in England, and the repre- 
sentatives of the people here, were completely and fully at issue. 
The papers published in this volume will shew the progress of the 
controversy, and furnish particularly the arguments and opinions 
advanced by the representatives here in support of the rights 
claimed for the colonies. 

There appears not to have been any special causes in opera- 
tion at this period, to produce the dispute between the colonies 
and the parent country- That such a dispute should, at some 
period, exist, was perhaps to be expected from the peculiar situ- 
ation, the nature of the original charter, the growing population 
and prosperity, the spirit and character, of the colonists. But at 
the time of which we speak, and just previous to the controversy, 

• At the time the stamp act passed, and others, providing; for raising a revenue on the 
colonics, several members of the House of Commons opposed the measures, on the ground of 
theirbeing inconsistent with the rights granted us by charter. And in 1689, when the Rev. 
Dr. Mather applied to King William, for a renewal of the charter of this Province, which 
had been a few years before vacated, under the arbitrary reign of the Stuaits, Dr. Burnet, 
then Biihop of Salisbury, is stated to have said, " that there.was a greater sacredness in the 
charter of New England, than in the corporations in England ; because these were only 
acts of grace, whereas the charter of New England was a contract between the King and 
the first patentees. They promised the King to enlarge his dominions at their own charges, 
provided they and their posterity might enjoy such and such privileges. They had per- 
formed their part ; and for the King to deprive their posterity of the privileges therein 
granted tbem, would carry a face of injustice in it." 



C 



f- 



8 INTRODUCTORY REMARKS. 

the attachment of the people here to the government and people 
of England was never more sincere and ardent. They had lately 
been united in a war for defence against those considered the nat- 
ural enemies of the English. The promptness and bravery of the 
provincial troops, and the liberality of the colonial legislatures, 
in raising an army to act with British regulars, were highly com- 
mended by the English at home. They knew that the services 
and expenses of the colonists were of great extent, and served to 
promote the interests and honor of Great Britain herself. Our 
people also had been much conversant with the British, and could 
not but admire many traits of their character. Nor do we be- 
lieve, that the opposition to the authority claimed by the British 
ministry, and the dispute agitated at this period, is to be attri- 
buted in any degree to a spirit of ambition or rivalship in those 
who were considered the leaders on the part of the colonies. It 
will not be pretended that the patriots of that day were not men 
of like passions with others of our race. And it is possible, that 
in a few cases, an envious or restless disposition had some influ- r^. 

ence. But we feel confident, that the remark is very generally 
true, when we attribute to the leading men in opposition to the 
measures af the British administration, sincerity, patriotism, and 
the most upright and disinterested intentions. It surely was not 
their object to strip others of power, that they might themselves 
tyrannize over their fellows. It was not their wish to obtain lu- 
crative offices, then in the hands of others, that they might revel 
in opulence and luxury. Nor can it justly be said of them, that 
they were either visionary theorists, contending for a form of gov- 
ernment which was impracticable ;~or that they were advocates 
for a democratic and levelling system which would exclude all 
authority from legislators and rulers, and place men in a situation 
which they hold by nature. But they did contend for the rights 
given them by their charter, and to which they were constitu- 
tionally entitled as subjects of the free government of Great 
Britain ; and therefore bound by no laws, to which their repre- 
sentatives had not, in their name, assented. These rights they . 
strenuously asserted ; for these they firmly and perseveringly 
contended. 



INTRODUCTORY REMARKS. 9 

We mean not to claim for Massachusetts all the merit of oppo- 
sition to the arbitrary measures of Great Britain, nor all the 
influence which was exerted to effect the revolution. Other col- 
onies were forward and decisive in disapproving of the power 
claimed by the British ministry, of that period, over the people in 
these provinces ; and readily united with Massachusetts in mea- 
sures of re^Jress. Virginia, so early as 1765, passed resolutions, 
declaring their sense of charter rights and privileges, with which 
the authority then claimed by Parliament to impose taxes, on the 
colonies, was totally incompatible. \ 

Before this, and some time in 1764, the Assemblies of New 
York and Pennsylvania, had presented memorials to the King 
and Parliament, stating objections to the acts of the British gov- 
ernment for raising revenues in the colonies, and asserting their 
sole right to impose taxes on their constituents. These last, 
though prior, in point of time, to the Virginia resolutions, were 
not so direct and explicit in the denial of the right claimed by the 
British ministry to tax the colonists ; but, like the memorial of 
Massachusetts, in November, 1764, contained a remonstrance 
against such a measure; and stated, that, by their charter, and ac- 
cording to ancient usage, no taxes ought to be laid, or duties col- 
lected in the colonies without the consent of the Representatives 
of the people here. We believe, however, that the history of 
those times will abundantly shew, that the House of Representa- 
tives in Massachusetts was the most firm, systematic and perse- 
vering in its elTorts for the repeal of these oppressive acts, in 
exciting a just sense of our rights and ow dangers, and in rousing 
the spirit of the people generally to make a solemn, decisive 
stand, which Involved the alternative of liberty or death. 

In January, 1764, the Council and House of Representatives of 
Massachusetts wrote to their agent in England, respecting the 
sugar act, before mentioned, as follows: "There are certain acts 
of Parliament, which contain clauses extremely detrimental to 
the trade and fishery of this province, the ill influence of which 
is not confined thereto, but extends to Great Britain itself, par- 
ticularly an act made in the 6th year of his late Majesty, entitled 
an act for the better securing and encouraging the trade of his 
Majesty's sugar colonies in America ; whereby, among other 
2 



10 INTRODUCTORY REMARKS. 

things, is imposed a duty of six pence per gallon on all molasses 
or syrups, and five shillings per hundred weight on all sugars of 
foreign produce imported into any of the plantations of America. 
This act was originally obtained, and has been continued by the 
great influence of the sugar colonies, in Parliament, without any 
prospect of revenue or rational advantage resulting from it. The 
case, however, is now altered. The ministry have adopted this 
act, and seem disposed to raise a revenue from it ; for, in pursu- 
ance of orders from the lords of the treasury, the officers of the 
cusiroms here have lately given public notice, that said act, in all 
its parts, will be carried fully into execution ; the consequences 
of which will be ruinous to the trade of this province, hurtful to 
all the colonies, and greatly prejudicial to the mother country. 
The cod fishery in this province will be wholly broken up, the 
yearly amount of which is upwards of ^164,000. The loss of 
the fishery will occasion more than five thousand seamen to be 
immediately turned out of employment, who, with most of our 
shipwrights and other mechanics, will be under a necessity of 
quitting the province, being utterly unfit for the business of hus- 
bandry ; and after them it is easy to see that a considerable part 
of our other inhabitants will follow ; so that we shall make a re- 
trogradation in our condition, and become what we were a 
century ago, a poor colony of husbandmen, unable to make use of 
the manufactures of our mother country, and under the necessity 
of living within ourselves. 

" With regard to Great Britain, a prohibition of our trade to the 
foreign plantations will lessen her own trade, and increase that of 
France, her rival and natural enemy." 

*' It had been suggested," they observed, " that the original 
design of the act laying a duty on sugar, molasses, &c. had been 
altered ; and that it was intended, not as a prohibition or re- 
straint on t^ie trade of the colonies in these articles, but to raise a 
revenue ; and that other measures for that purpose had been pro- 
posed — we cannot, therefore, help expressing our concern upon 
this occasion. We are empowered by our charter (and his Ma- 
jesty's other colonies are empowered by the commissions under 
which they are governed,) to raise monies for the support of our 
government. If duties or taxes are to be laid upon us in any one 



INTRODUCTORY REMARKS. H 

instance^ what assurance have we that they will not be so multi- 
plied as to render this privilege of no importance to us ? We 
have at all times done every thing which could be expected of us 
in support of his Majesty's government. We are still disposed to 
do every tiling in our power ; and hope it will be thought as rea- 
sonable, that the assemblies of the colonies should determine what 
monies should be raised upon the inhabitants here, as that the 
Parliament of Ireland should determine the monies to be raised 
upon the inhabitants there. The gi^owth of the colonies depends 
upon the enjoyment of their liberties and privileges.''''* 

The vievFS and dispositions of the people of Massachusetts may 
be fully perceived by this statement. In their petition and me- 
morial in November following, they speak more explicitly, and 
remonstrate against the authority of Parliament to impose taxes 
on the colonies with more firmness and precision. This memo- 
rial, however, wa.s penned with great temperance and caution, 
and contained expressions of unshaken loyalty and allegiance to 
the King. Governor Bernard, in his speech, at the next session 
of the General Court, complimented them for their great iriodera- 
tion. 

The phraseology used in the preamble of the bills for raising 
and granting taxes in the General Court in Massachusetts, would 
seem to imply very clearly, that the power and right to tax the 
colonies and to raise monies from them, were exclusively in the 
houses of assemblies here. It was called a grant to his Majesty, 
for the use and service of the colony. In February, 1765, two 
acts passed, in which, by way of preamble, this language and 
phraseology are used ; one for imposing duties on wines and dis- 
tilled spirits, and the other, a duty of impost and tonnage. And 
there was always a readiness thus to raise monies by the repre- 
sentatives of the people here, to pay the troops of the colonies 
which had been enlisted by requisition of the King, and to pay 
debts incurred for the common defence. 

It was soon evident, however, that the ministry were resolved 
to raise a revenue from the colonies for the support of govern- 
ment ; though it was pretended it was necessary and should be 

* The committee who prepared this letter were T. Hutchinson, i. Bowdoin, Judge Rus- 
sell, O. Thacher, and Mr. Tylei-. 



12 INTRODUCTORY REMARKS. 

applied to pay the troops stationed on our frontiers for the defence 
of the colonists, and to lessen the debt already incurred for our 
protection. The ministry, indeed, appeared willing to compro- 
mise with the colonies, when they objected to the acts imposing 
duties ; and proposed, that the tax should be such as they them- 
selves should desire, provided they raised the amount required 
of them. The reply of the Representatives of Massachusetts was, 
that by paying the debt incurred by the colony in prosecuting 
the late war, we should be taxed to a very great amount, and 
fully equal, considering our population and wealth, to the tax 
which the parent country would have to raise for the same pur- 
pose. They declared their unwillingness to add to the burdens 
of the people, and expressed the opinion, that it would be arbi- 
trary and unconstitutional, as well as oppressive in the Parliament, 
to impose any other taxes.* 

The stamp act was not passed at the session, when first pro»- 
posed ; so that the people here had time to consider its nature 
and consequences. And with this in apprehension and under the 
operation of those before mentioned, a great excitement was pro- 
duced in the public feelings, and an open and decided opposition 
was generally expressed against the authority of Parliament thus 
assumed to tax the colonies. This act was considered, indeed, as 
the prelude to still more oppressive and despotic measures. The 
people refused to purchase or use the stamps ; and the persons 
appointed to distribute them were, in some instances, treated 
with gross insult. Some riots ensued, which were very unjustifi- 
able ; and which the most decided advocates for colonial privi- 
leges did not attempt to excuse. But it was pretended by the 
officers and friends of the British ministry, that the men of influ- 
ence here did not exert their influence to punish the authors of 
these disturbances ; and representations were made to those in 
authority in England, that an armed force was necessary to pre- 
serve the peace of the province. In April, 1765, the mutiny bill 

* Mr. Agent Jackson, in a letter to Governor Bernard, February, 1765, says, "In tl>e 
course of the debates in both Houses, on repealing; the stamp act, it has appeared, that 
it never was the practice of England, to lay internal taxes on her dominions which were 
not represented ; or that, if this practice was ever varied from, it was always complained 
of, and the practice ejther dropped, or a representation called to sit in Parliament spoB 
after." 



INTK,pDUCTORY REMARKS. , 13 

was introduced into Parliament, under the pretence of rebellion 
in Massachusetts, and to justify the sending and stationing of 
regular troops in the colonies. It was soon discovered that sev- 
eral men high in office and power here, had given exaggerated 
statements of the views and conduct of the people ; and that the 
acts complained of, as destructive of our freedom, had been 
adopted in consequence of such representations. This increased 
the excitement among the people, and the situation of the coun- 
try became more critical and alarming. In general, however, 
popular tumult was restrained, and the fervor of the people, some- 
times greatly augmented by the measures of the British ministry 
at home, or of their officers here, was limited and controled. 

That n6 greater extravagancies were committed, at that period 
of popular excitement and commotion, must be attributed to the 
sober and moral character of the people in the colony ; who, 
though enthusiastically attached to civil liberty, were habituated 
to obedience of all lawful authority, and readily acknowledged 
the necessity of maintaining the legitimate power of government. 

They opposed the measures of the British ministry from prin- 
ciple. And their conduct was firm, consistent and persevering in 
attaining the object for which they contended. The struggle was 
perilous, but the issue was successful and glorious. It is unne- 
cessary, however, to narrate in detail the measures adopted, and 
the events which occurred from this time to the period when a 
resort was had to force, and war actually commenced between 
the colonies and Great Britain. This statement, concise and 
imperfect as it is, it was believed might be useful, as introductory 
to a perusal of the papers now given to the public in this volume, 



NOIE. 



As the question, agitated at the period, for which this volume 
furnishes public documents, viz. the authority of Parliament to 
make laws for the colonies, was one which occasioned the great 
collision between England and this country, and was, indeed, 



14; INTRODUCTORY REMARKS. 

tliQ principal matter in controversy, it is thought proper to add 
here, the following notices, which the Editor has collected, since 
preparing the foregoing remarks. 

In 1640, a motion was made to Governor Winthrop and his 
Council, to send some person to England, to solicit favors and 
privileges of Parliament. But they declined ; observing, " that, 
if they should put themselves under the protection of Parliament, 
they should be subject to all such laws as might be imposed on 
them; in which, though their good might be intended, great in- 
jury might really be done them." Referring to this. Governor 
Trumbull remarks, " as at that early period, so it hath been 
ever since, that the colonies, so far from acknowledging the 
Parliament to have a right to make laws binding on them in all 
cases, have denied [or rather not acknowledged] it in any 
case." In June, 1661, the General Court adopted the follow- 
ing resolutions, viz. "We conceive the patent, under God, to 
be the first and main foundation of our civil polity, by, a Gover- 
nor and Company. The Governor, Deputy Governor, Assist- 
ants, and Representatives, have full power and authority, both 
legislative and executive, for the government of the people 
here, concerning both ecclesiastics and in civils, without ap- 
peals, excepting laws repugnant to the laws of England. We 
conceive any imposition, prejudicial to the country, contrary to 
any just laws of ours, not repugnant to the laws of England, to 
be an infringement of our rights. This government hath also 
power to set up all sorts of officers, as well superior as inferior, 
and point out their power and places." 

Governor Endicott, in the name of the General Court, about 
the same period, supplicated King Charles II. " for his gracious 
protection of the people here, in the continuance of civil privi- 
leges and religious liberties, the enjoyment of which was the 
known end of suing for the patent confirmed upon this planta- 
tion by his royal father ;" and " if the King or Parliament should 
demand what those privileges are, which we desire the contin- 
uance of, (the committee of the General Court say to their 
agents,) your answer may be, all those which are granted us by 
patent, which we have hitherto enjoyed, M^thout any other 



INTRODUCTORY REMARKS. 15 

power imposed over us, or any other infringement of them, 
which would be destructive to tlie end of our coming hither; as 
also that no appeals may be permitted from hence in any case, 
civil or criminal, which would be an intolerable burden, and 
render authority and government vain and ineflectual." Sir 
W. Jones, Attorney General, told King James, " that he could 
no more grant a commission to levy money on his subjects in 
Jamaica, (though a conquered island,) without their consent, 
than they could discharge themselves from their allegiance to 
the English Crown." Even in 1766, the very year Parliament 
declared their right to impose taxes, and to make laws for the 
colonies in all cases, the Governor here was instructed (by the 
British ministry, in the name of the King) to " recommend''' to 
the General Court to make compensation to those who suffered 
by the riots in August, 1765. 

In 1757, when Lord Loudon, then first in military command 
in the colonies, directed that some British troops should be quar- 
tered in Boston, and called also upon this province for more 
tr»ops, the General Court did not consider tliemselve obliged 
to comply merely on this requisition. But they debated the 
matter; they claimed the right of deciding on the request. 
They even refused, for a time, to quarter the troops in the town 
of Boston, and they insisted that a law of the province was ne- 
cessary to legalize any such requisition. " We conceive," they 
said, " that when his Majesty's forces are to be quartered in 
the province, an act of the Legislature is requisite to empower 
the civil magistrates to do it." — " We beg leave further to ob- 
serve, that the inhabitants of this province are entitled to the 
natural rights of English born subjects ; that by the i*oyal char- 
ter, the powers and privileges of civil government are granted 
to them ; that the enjoyment of these rights, powers and privi- 
leges, is their support under all burdens and pressures ; the loss 
or hazard of them will deject and dispirit them." The charter 
did not allow even the King's Governor to carry the inhabitants 
out of the province, without the consent of the General Court. 
In 1761, Secretary Oliver, by order of the General Court, wrote 
to Mr. Agent Bollan, in England, that the Legislature here con- 
sidered they had a right by charter to pass a law, which should 



^Tt 



16 INTRODUCTORY 'REMARKS. 

suspend even a former law, assented to and approved by his 
Majesty, (which was necessary as to some particular acts passed 
here) until his Majesty's pleasure was known ; and he was di- 
rected to defend to the utmost, the General Court's power of 
legislation, in its full extent, according to the charter. 



•^■4* 



^1 






* 



* * MASSACHUSETTS STATE PAPERS. 

1765 1775. 

SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, OCT. 18, 1764, 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

IN the last session I informed you of my determination to 
avoid frequent sessions as much as possible ; and therefore I de- 
sired that you would not postpone any public business, that could 
not conveniently wait till the winter ; it not being my intention 
to have another session before that time, unless something unex- 
pected and unforeseen should require it. And accordingly, you, 
gentlemen of the House of Representatives, made such provisions 
as you thought sufficient, for instructing your agent, and other- 
wise supporting your interest at Great Britain, under the present 
exigencies ; which have not, that I know, been materially altered 
since that time. 

Nevertheless, as several gentlemen of both Houses have signi- 
fied to me their apprehension that some further provisions are 
still necessary, fpr the maintaining the territorial rights and com- 
mercial interests of this Province, by a proper representation of 
the same, I have thought fit to call you together at this time, in- 
convenient indeed in regard to the season of the year, but timely 
for the business for which you are assembled. 

And now you are met, 1 shall leave you to your own delibera- 
tions : It may be thought, perhaps, that I am not impartial and 
independent enough to be your counsellor ; but I am sure, I am 
truly and heartily a friend to your real interest. As such, I shall 
take upon me to recommend to you, at this time more thaa ever, 
3 



18 MASSACHUSETTS STATE PAPERS. 

unity, prudence, and moderation : the first is necessary to give 
your resolutions due weight ; the next to direct them to proper 
purposes ; and the last to obtain for them a favorable hearing. 

FRA. BERNARD. 
Council Chamber, October 18, 1764. 



ANSWER 

OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE FOREGOING 
SPEECH, NOVEMBER 3, 1764. 

May it please your Excellency. 

Your Excellency's speech to the two Houses, gives us great 
pleasure, as it furnishes us with an opportunity of expressing our 
sentiments to your Excellency on a matter of the last importance, 
not only to this Province in particular, but to the colonies in gen- 
eral. What we refer to, and what your Excellency's speech refers 
to, is the late act of Parliament for granting certain duties ia 
the British colonies and plantations in America ; to which act we 
humbly apprehend we may propose our objections, at the same 
time we acknowledge it to be our duty to yield obedience to it while 
it continues unrepealed. With your Excellency's leave we shall 
here just touch upon the principal grievances which we apprehend 
ourselves under by means of said act, and would humbly submit 
them to the consideration of our superiors at home. The most ma- 
terial are these, that said act essentially aftects the civil rights and 
commercial interests of the colonies ; and affecting these last, will 
proportionally aft'ect the commercial interests of Great Britain. 
The civil rights of the colonies are affected by it, by their being de- 
prived, in all cases of seizures, of that inestimable privilege and 
characteristic of English liberty, a trial by jury. The courts of 
admiralty, at which suth cases are triable, are constituted without 
juries ; and not onl}' so, but interested in the event of the trial. 
In all condemnations, the judge and officers, according to the prac- 
tice of that court, have a twentieth part of the whole value of the 
articles condemned ; but in case of acquittal are entitled only to 
customary fees, which, in many instances, bear but a small propor- 
tion to the amount of said twentieth. The manifest tendency of 
which is, to produce decrees of condemnation, where there is no 
just cause of seizure; though with respect to the present judge for 
this Province, we apprehend he is not to be biassedby such a motive. 
In regard of the commercial interests of the colonies, tliey are 
affected in a double respect — by the method of procedure in cases 
of forfeiture, and by the duty laid on some of the enumerated arti- 



MASSACHUSETTS STATE PAPERS. .'I9| 



cles- With respect to the first, all forfeitures and penalties 
flicted by said act, or any other act of Parliament relating to the 
trade and revenues of the colonies, and incurred here, niay, at 
the election of the informer or prosecutor, be prosecuted, either in 
any court of admiralty in the said colonies where the offence shall 
be committed, or in any court of vice admiralty which may be ap- 
pointed over all America. 

The last mentioned court has been appointed and now exists ; 
and all prosecutions referred to in the act may be brought to it. — 
In which case, the claimant, as some construe the act, may have 
five hundi-ed leagues to travel in order to enter his claim ; it being 
very supposable that the prosecutor would lay him under all pos- 
sible difficulties to prevent his claiming ; in which case he would be 
sure of a decree in his favor. And though the claimant should be 
put to the difficulty and expense of going that distance, he will not 
be permitted to enter his claim until sufficient security be first giv- 
en by persons of known ability, in the penalty of a certain sum, to 
answer the costs and charges of prosecution. And in default of 
giving such security, the ship or goods shall be adjudged forfeited, 
and condemned. After all this difficulty and expence, (however 
unreasonably") brought upon him, if sentence shall be given for the 
claimer, and it shall appear to the judge that there was a probable 
cause for seizure, he shall certify that there was such probable 
cause ; and in that case, the defendant shall not be entitled to any 
costs of suit whatever; nor shall the persons seizing be liable to 
any action on account of such seizure. This being very obvijous, 
the grievances which must follow, need no illustration ; and there- 
fore we shall proceed to mention wherein the commercial interests 
of the colonies are affected by the duty and restraint laid on some 
of the enumerated articles. We sliall instance in the fishery and 
lumber trade only. In respect of the first, it will be greatly di- 
minished by means of the duty on foreign molasses. Our pickled, 
fish wholly, and a great part of the cod fish, are fit only for the 
West India market. The British Islands cannot take off one 
third of the quantity caught ; the other two thirds must be lost, or 
sent to the foreign plantations, where molasses are given in ex- 
change. The duty on this article will greatly diminish its impor- 
tation hither j and being the only article allowed to be given in 
exchange for our fish, a less quantity of the latter will of course be 
exported. The obvious effect of which must be the diminution of 
the fish trade, not only to the West Indies, but to Europe ; fish 
suitable for both those markets being the produce of the same voy- 
age. If, therefore, one of these markets be shut, the other cannot 
be supplied. The loss of one is the loss of both, as the fishery 
must fail with the loss of either. 

In respect to lumber, it is not to be sent to any part of Europe, 
excepting Great Britain. The hardship of this restraint appears 
the greater, as that article does not interfere with the produce of 



20 MASSACHUSETTS STATE PAPERS. 

Britain ; and the colonies have an ample fund of it to supply every 
demand, not exclusive of her own. 

Now these duties, restraints and regulations, we humbly appre- 
hend will greatly affect the commercial interests of our mother 
country. It is certain they will lessen the trade of the colonies, 
which is the source of their ability to pay for the British manufac- 
tures they consume. In the proportion that this source fails, the 
importation and consumption of those manufactures will lessen.* 

The national debt is heavy, and we suppose the American act 
was intended to lighten it. But, without entering into the consi- 
deration of the propriety of such a measure, it is probable it will 
not answer that intention. The only certain effect of it will be, the 
diminution of the trade of the colonies, and a proportionable diminu- 
tion of the trade of GreatBritain. The circumstances of tlie colonies, 
however opulent they may be represented, will not admit of money 
being drawn from them by taxes or duties ; and this is demonstra- 
bly evident from this single fact, that the balance of their trade with 
Great Britain has perpetually been and still is against them. And 
all the bills of exchange, and silver and gohl, which are the pro- 
duct of their other trade, are not sufficient to pay this balance. 
This we know and feel to be fact with regard to this Province. 
Whatever, therefore, is taken from us by way of tax, will occasion 
just so much deficiency in the payment of said balance, and event- 
ually will be just so much loss to the trade of Britain. 

This being the case, with the utnmst deference to our superiors, 
we humbly apprehend it would be for the interest of our mother 
country, instead of drawing money from the colonists by taxes, 
to encourage their trade, and to let it expand as far as their genius 
and inclination could carry it, with this limitation only, that it 
should not interfere with her own produce and manufactures. The 
encouragement of their trade would enable the colonists, not only 
to pay their balances to Britain, but to take larger quantities of 
her manufactures ; the demand for which would be continually in- 
creasing with their growth, till it would equal the present capacity 
of Britain to supply. 

Thus we have given your Excellency some observations on the 
act, and here and also in our memorial to the honorable House of 
Commons upon the subject of said act, aiid the proposed stamp 
duty, represented how the colonies, and Great Britain will proba- 
bly be affected by them. AVhat we have to request is, that your 
Excellency would please to lay these observations, and also a copy 
of said petition before his Majesty's ministers, and represent to 
them their grievances which vve have mentioned arising from the 
said act, and such as we apprehend would be caused by a stamp 
duty ; and in the name of the two Houses earnestly to beseech the 

* In the original draft, the idea was suggested, that the colonists would be obliged tomanii- 
I'acture for themselves, which would soon operate to the injury of the British manufactuves, 



MASSACHUSETTS STATE PAPERS. 21 

favor of their influence to ease us of the burden of the first, and 
remove from us the apprehensions of the latter. 

[Signed, A. Oliver,^ Secretary, and S. White, Speaker. The 
committee who reported it, were B. Lincoln, I. Etving, I. Bow- 
doin, T. Hubbard, and H. Gray, of the Council ; Col. Clap, Col. 
Waldo, Capt. Saunders, Mr. Hall, Gen. Winsiow, and Mr. Lee, 
of the House.] 



PETITION 

OF COLTCCIL AND HOUSE OF REPRESENTATIVES, TO THE HONORABJ.E 
HOUSE OF COMMONS, NOVEMBER 3, 1764. 

To the Honorable the Commons 

of Great Britain, in Parliament assembled. 

The petition of the Council and House of Representatives of 
his Majesty's Province of Massachusetts Bay, 

Most humbly sheweth. 

That the act, passed in the last session of Parliament, entitled 
" an act for granting certain duties in the British colonies and 
plantations in America," &c.* must necessarily bring many burdens 
upon the inhabitants of these colonies and plantations, which your 
petitioners conceive would not have been imposed, if a full repre- 
sentation of the state of the col-onies had been made to your hon- 
orable House — 

That the duties laid upon foreign sugars and molasses by a for- 
mer act of Parliament, entitled '" an act for the better securing and 
encouraging the trade of his Majesty's sugar colonies in America," 
if the act had been executed with rigor, must have had the effect of 
an absolute prohibition — 

That the duties laid on those articles by the present act still 
remain so great, that, however otherwise intended, they must un- 
doubtedly have the same effect — 

That the importation of foreign molassea into this Province in 
particular, is of the greatest importance, and a prohibition will be 
prejudicial to many branches of its trade, and will lessen the con- 
sumption of the manufactures of Great Britain— 

That this importance does not arise merely, nor principally, 
from the necessity of foreign molasses in order to its being con- 
sumed or distilled within the Province — 

• In the 4th year of George III. an act of Parliament was passed, granting: certain duties 
in the British colonies and plantations in America ; and for continuing, amouling- and mak- 
ing perpetual, an act passed in the 6th year of George II. entitled " an act ior the belter se- 
curing and encouraging the trade of his Majesty's sugar colonies in America," )kc. By this 
act, the former duties on sugars and molasses, imported into the British provinces, in Ame- 
rica, from any plantation or cplor.y not under the dominion of Great Britain, (which must be 
very strictly collected,) were continued and increased. The most rigid regulations were im- 
posed for collecting the duties ; and eotirts of admiralty, and of vice-admu-alty, in any part 
of America, were to take cojjuizance of all actions on seizures, complaints, 8;c. 



22 MASSACHUSETTS STATE PAPERS. 

That if the trade, for many years carried on, for foreign molas- 
ses, can be no longer continued, a vent cannot be found for more 
than one half the fish of inferior quality which are caught and 
cured by the inhabitants of the Province, the French not permitting 
fish to be carried by foreigners to any of their islands, unless it be 
bartered or exchanged for molasses — 

That if there be no sale of fish of inferior quality, it will be im- 
possible to continue the fishery ; the fish usually sent to Europe 
will then cost so dear, that the French will be able to undersell 
the English at all the European markets ; and by this means one 
of the most valuable returns to Great Britain will be utterly lost, 
and that great nursery of seameii destroyed — 

That the restraints laid upon the exportation of timber, boards, 
staves and other lumber from the colonies to Ireland and other 
parts of Europe, except Great Britain, must greatly aftect the 
trade of this Province, and discourage the clearing and improving 
of the lands which are yet uncultivated-— 

That the powers given by the late act to the court of vice ad- 
miralty, instituted over all America, are so expressed as to leave 
it doubtful, whether goods seized for illicit importation in any one 
of the colonies may not be removed, in order to trial, to any other 
colony, where the judge may reside, although at many hundred 
miles distance from the place of seizure — 

That if this construction should be admitted, many p'ersons, how- 
ever legally their goods may have been imported, must lose their 
property, merely from an inability of following after it, and making 
that defence which they might do, if the trial had be^n in the colo- 
ny where tlie goods were seized — 

That this construction would be so much the more grievous, 
seeing that in America the officers, by this act, are indemnified in 
case of seizure, whenever the judge of admiralty shall certify that 
there was probable cause ; and the claimant can neither have 
costs nor maintain an action against the person seizing, how much 
soever he may have expended in defence of his property— < 

That the extension of the powers of courts of vice admiralty 
has, so far as the jurisdiction of the said courts hath been ex- 
tended, deprived the colonies of one of the most valuable of En- 
glish liberties, trials by juries — 

That every act of Parliament, which in this respect distinguish- 
es his Majesty's subjects in the colonies from their fellow sub- 
jects in Great Britain, must create a very sensible concern and 
grief — 

That there have' been communicated to your petitioners sundry 
resolutions of the House of Commons, in their last session, for 
imposing stamp duties or taxes upon the inhabitants of the colonies, 
the consideration Avhereof was referred to the next session — 

That your petitioners acknowledge with all gratitude, the ten- 
dencies of the legislature of Great Britain of the liberties of the 



MASSACHUSETTS STATE PAPERS. 23 

subjects in the colonies, who have always judged by their repre- 
sentatives both of the way and manner, in which internal taxes 
should be raised within their respective governments, and of the 
ability of the inhabitants to pay them — 

That they humbly hope the colonies in general have so demean- 
ed themselves, more especially during the late war, as still to de- 
serve the continuance of all those liberties which they have hith- 
erto enjoyed — 

That although, during the war, the taxes upon the colonies 
were greater than they have been since the conclusion of it, yet 
the sources by which the inhabitants were enabled to pay their tax- 
es, having ceased, and their trade being decayed, they are not so 
able to pay the taxes they are subjected to in time of peace, as 
they were the greater taxes in time of war — 

That one principal difficulty, which has ever attended the trade 
of the colonies, proceeds from the scarcity of money, which scarcity 
is caused by the balance of trade with Great Britain, which has 
been continually against the colonies-— 

That the drawing sums of money from the colonies, from time 
to time, must distress the trade to that degree, that eventually 
Great Britain may lose more by the diminution of the consump- 
tion of her manufactures, than all the sums which it is possible 
for the colonies thus to pay can countervail — 

That they humbly conceive, if the taxes which the inhabkants 
of this Province are obliged annually to pay towards the sUpport 
of the internal government, the restraint they are under in their 
trade for the benefit of Great Britain, and the consumption thereby 
occasioned of British manufactures be all considered, and have their 
due weight, it must appear, that the subjects of this Province are 
as fully burdened as their fellow subjects in Britain, and that they 
are, whilst in America, more beneficial to the nation, than they 
would be if they should be removed to Britain, and there held to 
a full proportion of the national taxes and duties of every kind. 

Your petitioners, therefore, most humbly pray, that they may be 
relieved from ihe burdens, which they have humbly represented to 
have been brought upon them by the late act of Parliament, as to 
the wisdom of the honorable House shall seem meet, that the priv- 
ileges of the colonies relative to their internal taxes, which they 
have so long enjoyed, may still be continued to them, or that the 
consideration of such taxes on the colonies may be referred, until 
your petitioners, in conjunction with the other governments, can 
have opportunity to make a more full representation of the state 
and condition of the colonies and the interest of Great Britain 
with regard to them. 

Signed by S. WHITE, Speaker. 

A. OLIVER, Secretary. 

November 3, 1764. 

[Tliis petition was altered several times, after it was first read and 
adopted in the House of Representatives. The Council objected 



2i MASSACHUSETTS STATE PAPERS, 

to two or three sentences, some of which were omitted. There 
was finally a committee of conference of the House of Represent- 
atives and of the Council j and the result was 'to retain the words 
" rio;hts" and '• liberties" in several places, instead of "privileges," 
which had been substituted bj the Councd. The committee were 
J. Otis. jr. 0. Thacher, and Col. Clap, of the House ; T. Hutchin- 
son, J. Otis, and E. Trowbridge, of the Council.] 

Extract of a letter from the Committee of Council and House of 
Representativt-s, to their Jigent in England, accompanying the 
foregoing petition. 

In their letter to Agent Mauduit, accompanying this petition, 
the committee of the Council and House of Representatives, ob- 
serve, " that the late act of Parliament," imposing additional du- 
ties on molasses, &c. imported into the colonies, " aftects this col- 
ony more than any other :" and they say, " that they have been 
induced thus to petition and remonstrate," respecting said act, and 
the bill for duties on stamp paper, &c. then pending before Parlia- 
rpent, in consequence of a suggestion made by the agentand another 
gentleman in England, " that a decent remonstrance might procure 
some relief." And in their petition they say, " Ave have endeavor- 
ed to avoid giving offence, and have touched upon our rights in 
such a manner, as that no inference can be drawn, that we have gi- 
ven #iem up, on the one hand, nor that we set up in opposition to 
the Parliament, nor deny that we are bound to the observance of 
acts of Parliament, on the other. But in a letter to you, we may 
be more explicit on this point — a right, the people of the colonies 
have undoubtedly by charter and commissions to tax themselves. 
So tar as the Parliament shall lay taxes on the colonies, so far they 
will deprive them of this right. If the first settlers of the colonies 
had not imagined that they were as secure of the enjoyment of this 
right as of tlieir titles to their lands, in all probability they would 
never have left England, and no one colony could have been set- 
tled." 

" Acts of Parliament, it will be said, are above charters, and 
can annihilate them. It is true. So one act of Parliament may 
infringe upon them. Alid, perhaps, there would be no greater 
reason for complaint in that case, than when tl .^ riglits of a cor- 
poration in England, or in the colonies are infringed : to be sure 
not greater, than when what are deemed the fundamentals of the 
English constitution are changed, with respect to any considerable 
part of the subjects. Sucli fundamentals, we deem the right of 
hein"- taxed by our own representatives only ; and the rights to 
trials by juries. Upon the latter, we have said the less in our pe- 
tition, because, by the charter, the power of appointing courts of 
admiralty, where no juries are in use, and which are the only occa- 
sions of our complaints upon that head, is reserved to the Crown. 
But then it must be remembered, that all seizures for illicit trade 



MASSACHUSETTS STATE PAPERS, 25 

are tried in the exchequer in England by juries ; and that we 
have no reason to suppose, that our ancestors, when they accepted 
the charter, imagined the powers of courts of admiralty would be 
extended beyond what they are in England — and as for the newly 
constituted court of admiralty, if the judge takes cognizance of 
all maritime matters and all offences which have been usually tried 
by courts of admiralty in America, and which may arise in any 
part of the colonies, it may bring such oppression uponthe sub- 
jects as will be insupportable." 

" In point of equity, we think we may well claim an exemption 
from taxes by Parliament. Our ancestors, and we believe the first 
settlers of every colony, except Nova Scotia and Georgia, occa- 
sioned but little, some of them, no expense, and yet have brought 
an amazing addition of wealth, territory and subjects, to the na- 
tion. They are burdened with the support of government within 
themselves : they are under restraints in their trade, which the 
subjects of Great Britain are not ; and what the colonies lose by 
that, Britain gains. The colonies find more employment for the 
manufactures in Britain, we believe, than all the world besides. 
And this is a matter which is not to be lightly considered." " In 
point of policy, it will certainly prove a mistake to lay further 
burdens on the colonies. You have now all we can spare from our 
necessary support, and the expense of clearing and cultivating a 
new country, and by this means increasing the dominions of 
Britain. In this way, the people pay to you cheerfully. In the 
other, it will ever be paid with grief and reluctance." " We are 
morally certain, that the molasses trade cannot be carried on, and 
the present duty paid." 

[The committee to draft the letter, were T. Hutchinson and I. 
Bowdoin, of the Council ; J. Otis, O. Thacher, and T. Gray, of 
tlie House.] 

Extracts from the statement of the services and expenses of the 
Province of Massachusetts, made by a Committee of the Council 
and House of Representatives, chosen for the purpose in October, 
1764, and sent to the colony^s agent in England, to furnish ar- 
guments why the colony should not be taxed, S^'c. 

" One great cause alleged for imposing taxes on the colonies, 
not granted by their own representatives, by the mere authority of 
Parliament, being this, tliat they ought to contribute to defray the 
charges of a war undertaken for their defence, to \jhich it is said 
they have never yet sufficiently contributed, the Province of Mas- 
sachusetts Bay deem it proper briefly to set forth their own merits 
and services, their exertions and expenses in the common cause 
from the first incorporation to the present time. 

" In the year 1620, the colony of New- Plymouth, now included 
in the present Province -of Massachusetts Bay, Avas began to be 
4 



26 MASSACHUSETTS STATE PAPERS. 

planted by Gov. Bradford and others, a small but vigorous number. 
By their prudence and vigilance they supported themselves in a wild 
desart, surrounded by Indians, without any assistance from the 
Crown of Great Britain. 

" In 1629, the colony of Massachusetts Bay was begun to be 
planted, the adventurers having obtained from Charles I. an ample 
charter, on the faith of which they made those beginnings in colo- 
nizing, which have increased to this day, though the charter has 
long since been lost to them. 

" Whoever should read the records of the first settlements in 
the colony cannot but pity a feeble number separated by an im- 
mense ocean from the capital of their government, surrounded by 
savages, of Avhose good will they had no assurance, conflicting 
with hunger, cold, nakedness, and every other hardship of a desart. 

'• Their first cares, under all their privations and sufferings, were 
to train the inhabitants to arms, to build forts, &c. 

" In 1635, Gov. Winslow offered to raise troops at the expense 
of the colonies, under authority from the King of England, not 
only to defend the settlements here against the Indians, French 
and Dutch, but to extend the territory of the British government 
in America. But the proposal was rejected through the influence 
of Arch Bishop Laud, who hated the puritans of that period. 

" In 1637, at their own expense the colonies raised one hundred 
and sixty men, and subdued the Peguots, a powerful and danger- 
ous tribe of Indians. 

" In 1643, the colonies of Massachusetts, Plymouth, Connecticut 
and New-Haven united for common defence ; and thus probably 
prevented the overthrow of the settlements of Connecticut and 
New -Haven, if not of the others also. 

" From 1675 to 1686, the colony of Massachusetts Bay, with 
3hort intermissions, was engaged in wars with the Indians, who, at 
that period, were numerous and powerful, and threatened to des- 
troy all the English settlements : and for which they asked no as- 
sistance of the Crown, but bore the heavy load themselves. 

" In I690,this Province raised 800 men for the reduction of Nova 
Scotia, under Sir W. Phips, who conquered the country, and sub- 
jected it to the English till the peace of Reswick. 

"From this time to 1714, the colony was frequently engaged, 
at their own charge, in wars against the French, for the defence of 
English plantations, and for rescuing various places which had fallen 
into the hands of those enemies of Great Britain. In 1744, the 
Pi-ovince also furnished a large number of men to assist the English 
against the French in Nova Scotia. 

" Afterwards, during the campaigns of 1755, 56, 58, 59, 60, &c. 
the Province raised troops, at a very great expense, to co-operate 
with the British in their expeditions against Crown Point, &,c. The 
whole cost of their expeditions from 1755 to 1762, was 943,839/. 
The cost of scouting parties, for the same period, was 27,496/. 



MASSACHUSETTS STATE PAPERS. 27 

Their armed vessels for the protection of trade, cost 34,795/. All 
which amount to 1,039,390/. A^Ld these sums being much greater 
than could be raised on the people each year, the Province was 
annually obliged to take up large sums on interest, and often to 
anticipate and mortgage the revenues of the government. At the 
conclusion of the late war, the Provmce was and still is very much, 
in debt ; and it will take them many years, with all the resources 
in their power, even though their trade was allowed to continue 
on the footing it was at the close of the war, to clear their debts. 

" The cost of many forts and garrisons on the frontiers is not in- 
cluded in the above sum. Nor can any estimate be made of the 
cost to individuals by the demand for personal service. For the 
numbers raised in these years, (from 1755 to 1762) being equal to 
the whole militia, it hath come to the turn of every enlisted soldier 
in the whole militia to serve once. And they who would not serve 
in person were obliged to hire, at a great premium. 

"From small beginnings, through innumerable toils, hardships 
and sufferings, a rude desart is become a well-peopled and fruitful 
plantation. From its infancy to the present age, this colony, with 
no expense to the Crown, has defended the territory granted to it ; 
and thereby mightily extended the British empire and immensely 
increased the British commerce. It has ever been ready to afford 
its utmost help, when the King's service called ; has actually made 
divers valuable conquests for the Crown ; and by its great exertions 
and expenses in the last war has impoverishsd and enfeebled it- 
self so as it will not in many years recover the athletic state it 
was in at the beginning of the late French war. 

" It is not intended, by any thing here said, to derogate from the 
merits of the other colonies ; most of them have had their share 
in these great conquests ; and without the joint and united vigor 
of so many, so much could never have been accomplished. Nor 
does Massachusetts desire to be distinguished from the other colo- 
nies by any new grants and immunities; neither are they seeking 
any further rewards. They desire only, that the privileges their 
ancestors purchased so dearly, and they have never forfeited, may 
be continued to them. Being conscious to themselves of entire 
loyalty to his most excellent Majesty, and dutiful respects to the 
parent state, they trust the wisdom and justice of the nation will 
allow them the possession of all the rights, privileges and immu- 
nities which the subjects of Great Britain do and ought to enjoy. 

[The committee was appointed to make this statement, in Oct. 
1764 ; and were T. Hutchinson, A. Oliver, J. Bowdoin,T. Flucker 
and J. Otis, of the Council ; and T. Cushing, 0. Thacher, T. Gray 
and E. Sheafe, of the House. In their letter sent to the agent 
enclosing it, the committee observe, " it will appear from the state- 
ment, that this Province has had its full share of the burdens of the 
British empire ; and that, by its own representatives, it has ever 
cheerfully submitted to the heaviest taxes it was any how capable 



28 MASSACHUSETTS STATE PAPERS. 

of bearing. The Province finds itself greatly exhausted by their ex- 
ertions ; and it will be with the utmost difficulty we shall clear the 
heavy load of debt the last war hts involved us in,- though no new 
burdens were brought upon us, and our trade were left to its natu- 
ral course. But if the severe regulations of the late act are con- 
tinued and new taxes laid on us, these will drain us of our specie, 
the sinews of trade, and otherwise so distress us, that we shall 
neither be able to pay the public debt we owe as a community, 
nor individuals what they owe to the merchants of Great Britain ; 
.a general bankruptcy, public and private, must ensue."] 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, JANUARY 10, 1765. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

At the opening of this session, I have the pleasure to con- 
gratulate you upon the storms which threatened the peace' of 
Great Britain being happily blown over : the hasty and ill advis- 
ed encroachments upon our rights by some of the French and Span- 
ish commanders have been disavowed by their respective courts ; 
and fresh assurances have been given that the acquisitions confirm- 
ed to us by the late peace, shall be enjoyed without interruption ; 
which will be further secured by the best of guarantees, a respecta- 
ble British navy. 

I have also to congratulate you upon the happy termination 
of the Indian war, in a manner both honorable and safe ; and which 
must eftectually discourage such attempts for the future. We, 
■who are at a distance from the scenes of action, should not be in- 
different to this isiteresting event, as the welfare, and particularly 
the peace of every part of British America, is the concern of the 
whole. 

I have, in pursuance of your request made to me last session, 
recommended to tlie favor of his Majesty's ministers, the petition 
which you prepared to be presented to the House of Commons ; 
and I flatter myself that these representations will have success, 
as they must receive great weight from the dutiful manner in which 
they are formed. 1 shall not neglect any other opportunity to 
promote the real welfare of this Province, consistently with its 
subordination to the King of Great Britain, and the common in- 
terest of the whole empire. 

1 have at present nothing to lay before you, but what arises within 
the Province, which I shall communicate to you at proper times. 



MASSACHUSETTS STATE PAPERS. 29 

In these, and in all other matters, I shall not doubt your attention 
to your duty, both to your King and to your country. The late 
exemplary instances of your unanimity, prudence, and moderation, 
in times of difficulty and distrust, will distinguish you to your ad- 
vantage, will confiiin the reputation you have hitherto acquired, 
and give assurance of your resolution to support it by your future 
conduct. FRA. BERNARD. 

Council Chamber, January 10, 1765. 



ANSWER 

OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE 
> FOREGOING SPEECHr 

May it phase your Excellency, 

With great pleasure we received your Excellency's congratu- 
lations ; and sincerely rejoice in every occurrence that tends to 
establish the peace and prosperity of Great Britain. The disavowal 
of the late encroachments upon our rights, and the fresh assurances 
given by the French and Spanish courts, that the acquisitions con- 
firmed to us by the late peace shall be enjoyed without interruption, 
we hope are sincere j but tiie best guarantee of those acquisitions 
is the British navy, which we hope will ever be maintained on so 
respectable a footing, and be under such direction as to frustrate 
all attempts to invade them. 

The happy termination of the Indian war, in which so many of 
ourfellow-subjects have been massacred, and so extensive a frontier 
desolated, must give sincere joy to every breast susceptible of the 
feelings of humanity ; at least to every one that bears any affection 
for British America. We in this Province in particular, though at 
a distance from the late scenes of cruelty, cannot be indifferent to 
this interesting event, having often experienced the severest effects 
of Indian rage. May this peace prove an honorable and lasting one. 

We are much obliged to your Excellency for recommending to 
the favor of the ministry our petition to the House of Commons. 
We flatter ourselves the representations therein made, will have 
success, not only from the dutiful manner in which they are formed, 
but from the necessary connection there is between the interest of 
the nation, and the success of that petition ; it will be a demon- 
strable truth, that the national interest will be best promoted and 
secured by encouraging the trade of the colonies. If that pros- 
pers or declines, so will the trade of Great Britain ; but in a greater 
proportion. The wealth and power of Britain, however great, are 
still in their minority compared with what, it is probable, they will 
one day be, if the trade and growth of her colonies are not impeded. 



30 MASSACHUSETTS STATE PAPERS. 

We are also much obliged to your Excellency for your kind de- 
claration, that you " shall not neglect any other opportu nity to pro- 
mote the real welfare of this Province, consistently with its subor- 
dination to the kingdom of Great Britain, and tlie common inter- 
est of the whole empire." It is in your Excellency's endeavors 
to promote the real welfire of this Province ; and in these endea- 
vors our inclinations conspire with our duty to give your Excel- 
lency our best assistance. 

In all matters your Excellency shall lay before us, we hope to 
make it evident that we are influenced by a principle of affection 
as well as duty to our sovereign and country. It is our honor to 
be in their employment, and we shall esteem it our happiness to 
render them any real service. 

If we have exhibited any exemplary instances of unanimity, pru- 
dence and moderation, it gives us a real satisfaction that they meet 
with your Excellency's approbation. 

We agree with your Excellency that the times are difficult : but 
we hope they are not times of distrust. We distrust not the wis- 
dom and goodness of Parliament, having with the colonies in gene- 
ral, often experienced the happy effects of both. On the same wis- 
dom and goodness, next to the Supreme, we still rely. As that 
respectable body has power, we humbly trust their wisdom and 
goodness will exert it, to remove Ijie embarrassments upon our 
trade, to whicli tlie difficulty of tTie times is owing. 



Letter from J. Maiuluit, Esq. agent in England, for the Province 
of Massachusetts, to the Secretary. London, Feb. 9, 1765. 

I HAVE now to acquaint the great and General Court, that a 
stamp duty was proposed in the House of Commons, on the 6th 
instant. It was opened, by shewing, that as the colonies have a 
right to protection, so the Parliament has a right to tax them in aid 
thereof. Their several charters were referred to, and declared to 
be all under the control of Parliament. To this right of Parlia- 
ment, every member who approved the measure, declared his as- 
sent ; so that tlie only question was, whether a stamp duty should 
now be laid ; and this was carried, on a decision of fourteen. Pe- 
titions from Virginia and New-York, were offered, by their agents 
to be presented, but no member would take them : and Mr. Jack- 
sou, who had ours in his pocket, agreeably to what he and I had 
settled, plainly saw it was, at that time, fittest to remain there. 
At present, I can only say, .that I am taking every rational measure 
I can think of, to support your petition, which is to be presented to 
the House on Tuesday, by Mr. Jackson, andisthe day appointed 
for the first reading of the bills. 



MASSACHUSETTS STATE PAPERS. 31 

Letter from Mr. ^gent Mauduit, to the Committee of the House of 
liepresentatives of Massachusetts. London, Feb. t9, 1765. 

I RECEIVED your several letters of Nov. 27th and 28th, and Dec. 
17th, to all of which I shall attend as my inlirmities will permit. 
At present I have to acquaint you, that I have employed my whole 
time in favor of your petition ; and to remove impressions and dis- 
like to the humors and disposition of the Province. A week be- 
fore the stamp duty was to be proposed, I sent a pamphlet (I had 
prepared,) to the houses of most of the members. 1 plainly saw, 
some time ago, that right, founded in charters or custom, could not 
be supported by any one in the House, against the right of Parlia- 
ment to tax the colonies. I therefore endeavored, (though I never 
gave up tliat point) to soften the hands of power, and prevent a 
resentment shown, as was first intended : and so far hitherto I have 
succeeded. 

Mr. Grenville opened the fitness of laying this tax on the colo- 
nies, and the incontestible right of Parliament to do it, without 
noticing the New-York address, or the House of Assembly's letter 
to me ; both which papers were tacked together, and intended to 
be laid before the House, as proof of an undutiful temper. Only 
one member, in the warmth of his speech, glanced at it ; but in 
this he had no second. After about seven hours debate, there was 
no other question, (nor indeed could be) but whether a stamp duty 
should now be laid. The House divided upon it, and it was car- 
ried by four to one. 

I hope the interest of Parliament, for imposing this tax, was 
only to convince the colonies that it had the right, which was by 
them contested ; and that the House will now rather attend to 
mitigate or take oiFsome of those burdens laid on your trade by 
the last act. Several petitions were offered, but were all rejected ; 
and even Connecticut, which was more moderate than ours, with 
respect to the stamp duty, received the negative. Ours was offered 
last, by Mr. Jackson, but mentioned in such a manner, that no vote 
of rejection was put, so that I may possibly present a petition at 
another time, leaving out only what relates to the stamp duty: and 
this I think to do by Mr. Jackson, in concert with all the aid I can 
procure. 

Letter from Secretary Oliver, to Mr. Agent Jackson, written hj 
order of the General Court, June, 1765. 

By several of the papers,directed to be delivered you by Mr. 
Mauduit, the late agent, you will observe the opinion of the two 
Houses with regard to some of the probable ill effects of the last 
year's act of Parliament for granting certain duties in the colonies, 
and some of them with respect to trade have been already verified, 
as will appear by the petitions and statements of Messrs. Patrick 
Tracy, Thomas Boylston and Fortesque Vernon, merchants, with- 



32 MASSACHUSETTS STATE PAPERS. 

in this Province. In consequence of said act, three vessels, be- 
longing to them severally, have been seized and condemned — with 
respect to which matter, they in their petitions in general declare, 
that their vessels sailed hence before said act took place, via. before 
Sept. last ; that no bond was required of them at the respective 
custom houses, at which their vessels were cleared out ; and that 
said act did not then require any bond ; that said ves^e!s uroceetied 
to the French islands, and loaded with molasses ; that ou their re- 
turn they were forced by stress of weatlier, two of them into New- 
Providence, and the other into Bermuda ; that these were the first 
English ports which Tracy's and Boylston's vessels had put ii! at, 
after sailing hence ; that Wm. Vernon's vessel had only toudied 
at Barbadoes, and sailed again before the 29th of Sept. ; that at 
Providence and Bermuda said vessels were seized, and with their 
cargoes, by the court of admiralty finally adjudged and condemned 
forfeited for a want of certificates that bonds had been given pur- 
suant to said act : that the vessels and cargoes were appraised at a 
rate much below their value, with a view (they say) that in CRse 
they should be able to reverse the decree, they should notwithstand- 
ing recover a small part of the value of their vessels and cargoes. 
This is a brief state of the representation they make, as you will 
see by their petitions. If this representation be just, their case is 
really hard, and merits the notice of those who have power to re- 
lieve them. 



SPEECH 

OF GOVERNOR BERNARD, TO THE TWO HOUSES, MAY 30, 1765. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

Being always desirous of making your attendance at the 
General Court as agreeable to you as may be, I tirought it proper 
to appoint the meeting of it at this town, that you may be free, not 
only from real danger, but also from the apprehension of it. And 
as I have nothing to propose to you for his Majesty's immediate 
service, your deliberations will be chiefly employed upon the af- 
fairs of your own Province. 

Among these, the state of the eastern country deserves most 
particular regard : the augmentation of the garrisons made at the 
last session was a seasonable provision, and happily has not been 
too late. But defence alone is not sufficient ; prevention of hos- 
tilities is equally necessary to the preservation of that country. 
To this I have given particular attention with all my power, and 
have hitherto succeeded. But it has served to convince me that 



MASSACHUSETTS STATE PAPERS. S3 

there still remains much undone, which I have not had the power, 
or at least have not chose to take upon me to do. 

You shall be made acquainted with my sentiments upon this sub- 
ject, which are partly drawn from information received from others, 
and partly from observations made by myself. And I doubt not 
but you will concur with me in every measure necessary for the 
security /ind support of that country, which is now, as it were, an 
infant colony. We who rest in the bosom of safety should not ne- 
glect the protection of our brethren exposed to daily perils ; nor 
while we enjoy the blessings of an old colony, be unmindful of the 
imbecility and necessities of a new one. 

Gentlemen, 

As I suppose the season of the year will make you desirous of a 
recess as soon as well may be, it is my intention not to continue 
this session beyond what the present exigencies of the government 
shall absolutely require : And therefore I must recommend to you 
to postpone unnecessary business, and to expedite such as cannot 
be postponed. In this, as in all matters tending to the service of 
the Province and to your convenience, you may depend upon my 
assistance and concurrence. 

FRA. BERNARD. 

Council Chamber, at Concord, May SI, 1764. 

[Thig speech was printed through the inadvertence of a cempositor in the office ; and was 
rot intended by the editor to be printed at all.] 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, MAY 30, 1765. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

At the opening of this General Court, I have no orders from 
his Majesty to communicate to you; nor any thing to oiFer myself 
but what relates to your internal policy : I shall therefore take this 
opportunity to point out such domestic business as more immedi- 
ately deserves your attention. 

Soon after my arrival to this government, I formed in my mind 
an idea of three improvements which this country was capable of 
making profitable to itself and convenient to Great Britain ; I mean 
pot ash, hemp, and the carrying lumber to the British markets. 
They are all proper staples for New England ; and must be very 
acceptable to Great Britain, as she is at present supplied with them 
from foreigners, by a losing trade. 



34; MASSACHUSETTS STATE PAPERS. 

I have already had the pleasure to see the first of these estab- 
lished with effect, and wanting now nothing but care to preserve 
its credit, and prevent the general quality of the goods, which is of 
a superior kind, being rendered doubtful and suspicious by the 
fraudulent practices of particulars. This is a necessary caution at 
the commencement of a new trade ; for upon its first reputation 
depends its future success. There is already a law for the regu- 
lation of this trade ; but it wants to be carried into execution : this 
I must desire may be done this session, as it is now become imme- 
diately wanting. 

You have lately given a public testimony of your desire to pro- 
mote the production of hemp : I am equally persuaded of your good 
intentions to the improvement of the lumber trade ; as you must 
be sensible of the insufficiency of the present markets for the re- 
ception of the great quantity of lumber which is now produced, and 
which will be continually increasing. The Parliament of Great 
Britain has already given encouragement to the one ; and it is 
hoped it will also extend its bounty to the other. 

These are proper objects of your concern; works which naturally 
arise in your own country, strengthen your connection with Great 
Britain, may easily be confined within yourselves, and will soon 
be superior to those of foreign rivals. When these are added to 
your other resources, they will form a fund, which, with the bless- 
ing of God upon your industry and frugality, will be adequate to 
the expense of all necessary imports : and you will have no occa- 
sion, as you have hitherto shewn no disposition, vainly to attempt 
to transfer manufactories from their settled abode ; an undertaking 
at all times difficult, but, under the disadvantage of high priced 
labor, impracticable. 

Gentlemen of the House of Representatives, 

I shall order the treasurer to lay before you the present state of 
the treasury, that you may consider of further means for reducing 
and finally discharging the provincial debt with ease to the people. 
I shall be ready to concur with you in all necessary measures for 
that purpose, that shall be agreeable to the laws and instructions 
by which I must form my conduct. 

Gentlemen, 

The general settlement of the American Provinces, which has 
been long ago proposed, and now probably will be prosecuted to 
its utmost completion, must necessarily produce some regulations, 
which, from their novelty only, will appear disagreeable. But I 
am convinced, and doubt not but experience will confirm it, that 
they will operate, as they are designed, for the benefit and advan- 
tage of the colonies. In the mean time a respectful submission to 
the decrees of the Parliament, is their interest, as Avell as their duty. 

In an empire, extended and diversified as that of Great Britain, 
there must be a supreme legislature, to which all other powers must 



MASSACHUSETTS STATE PAPERS. 35 

be subordinate. It is our happiness that our supreme legislature, 
the Parliament of Great Britain, is the sanctuary of liberty and 
justice ; and that the Prince, who presides over it, realizes the 
idea of a patriot King. Surely, then, we should submit our opin- 
ions to the determinations of so august a body ; and acquiesce in 
a perfect confidence, that the rights of the members of the British 
empire will ever be safe in the hands of the conservators of the 
liberty of the whole. FRA. BERNARD. 

Council Chamber, May SO, 1765. 

[Committees were appointed to consider that part of the Gov- 
vernor's speech, respecting pot ash, the manufacture of hemp, and 
lumber. But the journal furnishes no evidence that any reply was 
made to that part of the speech, which referred to the state of the 
Province, though Mr. White, (the Speaker,) J. Otis, T. Gushing, S. 
Dexter, and Col. Worthington, were chosen a committee to cout 
sider it.] 



Proceedings of the House of Representatives, respecting sending 
a Committee to JS'ew York, to consult with Committees from 
other colonies, on the state of the country, June 6, 1765. 

The House taking into consideration the many difficulties to 
which the colonies are and must be reduced by the operation of 
some late acts of Parliament ; after some time spent, 

On a motion made and seconded, ordered that Mr. Speaker, Bri- 
gadier Ruggles, Col. Partridge, Col. Worthington, Gen. Wins- 
low, Mr. Otis, Mr. Cushing, Col. Saltonstall, and Capt. Sheafe, 
be a committee to consider what measures had best be taken, and 
make report. 

The committee appointed for that purpose, reported as follows. 
The committee appointed to consider w4iat dutiful, loyal, and hum- 
ble address may be proper to make to our gracious Sovereign and 
his Parliament, in relation to the several acts passed, for levying 
duties and taxes on the colonies, have attended that service, and 
are humbly of opinion : 

That it is highly expedient there should be a meeting as soon as 
may be, of committees from the Houses of Representatives or Bur- 
gesses in the several colonies on this continent, to consult together 
on the present circumstances of the colonies, and the difficdlties to 
which they are and must be reduced by tlie operation of the late 
acts of Parliament for levying duties and taxes on the colonics, 
and to consider of a general and humble address to his Majesty and 
the Parliament to implore relief. 

And the committee are further of opinion that a meeting of such 
committees should be hold at New York, on the first Tuesdav of 



S6 MASSACHUSETTS STATE PAPERS. 

October next, and that a committee of three persons be chosen by 
this House on the part of this Province, to attend the same. 

And that letters be forthwith prepared and transmitted to the 
respective Speakers of the several Houses of Representatives or 
Burgesses in the colonies aforesaid, advising them of the resolution 
of this House thereon, and inviting such Houses of Representatives 
or Burgesses to join this with their committees, in the meeting, and 
for the purposes aforesaid. 

And that a proper letter be prepared and forwarded to the agent 
of the Province on these matters in the mean time. 

Read and accepted, and ordered, that Mr. Speaker, Mr. Otis, 
and Mr. Lee, be a committee to prepare a draft of letters to be 
sent to the respective Speakers of the several Houses of Repre- 
sentatives in the colonies, and make report. 

The committee appointed for that purpose, reported the following 
draft. 

Province of Massachusetts Bay. Boston, June 8, 1765. 

Sir — The House of Representatives of this Province in the 
present session of the General Court, have unanimously agreed to 
propose a meeting, as soon as may be, of committees from the 
Houses of Representatives or Burgesses, of the several British 
colonies on this continent, to consult together on the present cir- 
cumstances of the colonies, and the difficulties to which they are 
and must be reduced by the operation of the acts of Parliament 
for levying duties and taxes on the colonies ', and to consider of a 
general and united, dutiful and humble representation of their con- 
dition to his Majesty and the Parliament, to implore relief. The 
House of Representatives of this Province have also voted to pro- 
pose that sucli meeting be at the city of New Yoi-k, on the first 
Tuesday of October next, and have appointed a committee of three 
of their members to attend that service, with such as the other 
Houses of Representatives or Burgesses in the several colonies 
may think fit to appoint to meet them : And the committee of the 
House of Representatives of this Province are directed to repair 
to said New York, on said first Tuesday of October next, accord- 
ingly. If, therefore, your honorable House should agree to this 
proposal, it would be acceptable, that as early notice of it as possi- 
ble might be transmitted to the Speaker of the House of Represen- 
tatives of this Province. 

SAMUEL WHITE, Speaker. 

[The Committee was chosen by the House, June, 1765, and were 
James Otis, Col. Partridge, of Hatfield, and Timothy Ruggles ; but 
Ruggles did not consent to the doings of the convention, which 
met at New York, in Oct. 1765 ; and was afterwards censured for 
it by the House of Representatives.] 






MASSACHUSETTS STATE PAPERS. 37 •* 

PETITION 

Of the freeholders and other inhabitants of the Massachusetts Bay, 
Rhode Island, and Providence Plantations, JSTew Jersey, Pennsyl- 
vania, the government of the counties of JVeic Castle, Kent and 
Sussex, upon Delaware, Province of Maryland, ^c. 

MOST HUMBLY SHEWETH, 

That the inhabitants of these colonies, unanimously devoted 
with the warmest sentiments of duty and affection to your Majes- 
ty's sacred person and government, inviolably attached to the 
present happy establishment of the protestant succession in your 
illustrious house, and deeply sensible of your royal attention to 
their prosperity and happiness, humbly beg leave to approach the 
throne by representing to your Majesty, that these colonies were 
originally planted by subjects of the British Crown, who, animated 
with the spirit of liberty, encouraged by your Majesty's royal pre- 
decessors, and confiding in the public faith for the enjoyment of ■ 
all the rights and liberties essential to freedom, emigrated from 
their native country to this continent, and by their successful per- 
severance in the midst ot innumerable dangers and difficulties, to- 
gether with a profusion of their blood and treasure, have happily 
added these vast and valuable dominions to the empire of Great 
Britain. 

That for the enjoyment of these rights and liberties several go- 
vernments w'ere early formed in the said colonies, with full power 
of legislation agreeably to the principles of the English constitution. 

That under those governments these liberties thus vested in 
their ancestors and transmitted to their posterity, have been exer- 
cised and enjoyed, and by the inestimable blessings thereof, under 
the favor of Almighty God, the inhospitable deserts of America 
have been converted into flourishing countries ; science, humanity 
and the knowledge of divine truth, diftused through remote regions 
of ignorance, infidelity and barbarism, the number of British sub- 
jects wonderfully increased, and the wealth and power of Great 
Britain proportionably augmented. 

That by means of these settlements, and the unparalleled sue 
cess of your Majesty's arms, a foundation is now laid for render- 
ing the British empire the most extensive and powerful of any re- ' 
corded in history ; our connection with this empire, we esteem 
our greatest happiness and security, and humbly conceive it may 
now be so established by your royal wisdom, as to endure to the latest 
period of time. This with most humble submission to your Ma- 
jesty, we apprehend will be most effectually accomplished, by fixing ' 
the pillars thereof, on liberty and justice, and securing the inherent 
rights and liberties of your subjects here, upon the principles of 
the English constitution. To this constitution these two principles 
are essential, the right of your faithful subjects freely to grant to 



38 MASSACHUSETTS STATE PAPERS. 

your Majesty such aids as are required for the support of your 
government over them, and other public exigencies, and trials by 
their peers. By the one they are secured trom unreasonable im- 
positions, and by the other, from arbitrary decisions of the executive 
power. The continuance of these liberties, to the inhabitants of 
America, we ardently implore, as absolutely necessary to unite the 
several parts of your widely extended dominions, in that harmony 
so essential to the preservation and happiness of the whole. Pro- 
tected in these liberties, the emoluments Great Britain receive 
from us, however great at present, are inconsiderable, compared 
with those she has the fairest prospect of acquiring. By this pro- 
tection, she will for ever secure to herself the advantage of con- 
veying to all Europe the merchandizes which America furnishes; 
and of supplying, through the same channel, whatever is Avanted 
from thence. Here opens a boundless source of wealth and naval 
strength ; yet these advantages, by the abridgment of those in- 
valuable rights and liberties, by which our growth has been nourish- 
ed, are in danger of being forever lost, and our subordinate legis- 
latures, in effect, rendered useless by the late acts of Parliament, 
imposing duties and taxes on the colonies, and extending the juris- 
diction of the courts of admiralty here, beyond its ancient limits; 
statutes by which your Majesty's Commons, in Britain, undertake 
absolutely to dispose of the property of their fellow subjects, in 
America, without their consent ; and for the enforcing whereof, 
they are subjected to the determination of a single judge, in a court 
unrestrained by the wise rules of the common law ; the birthright 
of Englishmen, and the safeguard of their persons and property. 

The invaluable rights of taxing ourselves, and of trial by our 
Peers, of which we implore your Majesty's protection, are not, we 
humbly conceive, unconstitutional, but confirmed by the great 
charter of English liberty. On the first of these rights, the honora- 
ble the House of Commons found their practice of originating 
money bills, a right enjoyed by the kingdom of Ireland, by the 
clergy of England, until relinquished by themselves ; a right, in 
fine, which all other, your Majesty's English subjects, both within 
and without the realm, have hitherto enjoyed. 

AVith hearts, therefore, impressed with the most indelible char- 
acters of gratitude to 3'our Majesty, and to the memory of the 
kings of your illustrious house, wliose reigns have been signally 
distinguished by their auspicious influence on the prosperity of the 
British dominions ; and convinced, by the most aftecting proofs 
of your Majesty's paternal love to all your people, however dis- 
tant, and your increasing and benevolent desires to promote tlieir 
happiness, wc most humbly beseech your Majesty, that you will be 
graciously pleased to take into your royal consideration, the dis- 
tresses of your faithful subjects, on this continent; and to lay the 



MASSACHUSETTS STATE PAPERS. 39 

same before your Majesty's Parliament ; and to afford them such 
relief, as in your royal wisdom their unhappy circumstances shall 
be judged to require. 

And your petitioners, as in duty bound, will pray, &c. 

Signed, 

JAMES OTIS, ^ Commissioners from Massachusetts 

OLIVER PARTRIDGE, 5 Bay. 

HENRY WARD, > ^ . . „ »». ^ r / j 

METC \LF BOWLER \ ^^'^'^^^^^^^^^'^^ J^o'"^ Rhode Island. 

HENDRICK FISHER,' ? ^ . . „ ,, ^ 

JOSEPH BORDEN \ ^oiumissiowers jrom JVew Jersey, 

JOHN MORTON, ' ? /. • • ^ « , . 

GFORGF BRYAN \ Commissioners jrom Tennsylvama. 

CiESAR RODNEY, ? « . . . nj 

THOMAS M'KFAN \ Commissioners Jrom Delaware. 

WILLIAM MURDOCK, 1 

EDWARD TILGMAN, y Commissioners from Maryland. 

THOMAS RINGGOLD, J 

fA similar petition was addressed to each House of Parliament ; 
but containing no new arguments, nor advancing any new princi- 
ples, it is thought unnecessary to publish them.] 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, SEPT. 25, 1765. 

Oentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I HAVE called you together at this unusual time, in pursuance 
of the unanimous advice of a very full Council, that you may take 
into consideration the present state of the Province, and determine 
what is to be done at this difficult aud dangerous conjuncture. I 
need not recount to you the violences which have been committed 
in this town, nor the declarations which have been made and still 
subsist, that the act of Parliament for granting stamp duties in the 
British colonies shall not be executed within this Province. The 
ordinary executive authority of this government is much too weak 
to contradict such declarations, or oppose the force by which they 
are supported. It has therefore been found necessary to call the 
whole legislative power in aid of the executive government. From 
this time this arduous business will be put into your hands, and it 
will become a provincial concern. 



40 MASSACHUSETTS STATE PAPERS. 

Upon this occasion it is my duty to state to you what will prob- 
ably be the consequences, if you should suffer a confirmed disobe- 
dience of this act of Parliament to take place. I am sensible how 
dangerous it is to speak out at this time, and upon this subject; 
but my station will not allow me to be awed or restrained in what 
I have to say to the General Court. Not only my duty t« the 
King, but my duty to the Province, my love of it, my concern for 
it, oblige me to be plain and explicit upon this occasion. And I 
hope no advocate for liberty will violate that essential and consti- 
tutional right, freedom of speech in General Assembly. 

As I desire not to dictate to you, and would avoid all appear- 
ances of doing it, I shall resolve what I have to recommend to 
your consideration into mere questions, and avoid assertions of 
my own in matters which are doubtful. I shall not enter into any 
disquisition of the policy of the act. It has never been a part of 
my business to form any judgment of it ; and as I have not hitherto 
had any opportunity to express my sentiments of it, I shall not do 
it now. I have only to say, that it is an act of the Parliament of 
Great Britain, and as such ought to be obeyed by the subjects of 
Great Britain. And I trust that the supremacy of that Parliament 
over all the members of their wide and diffused empire, never was 
and never will be denied -within these walls. 

The right of the Parliament of Great Britain to make laws for 
the^ American colonies, however it has been controverted in Amer- 
ica, remains indisputable at Westminster. If it is yet to be made 
a question, who shall determine it but the Parliament ? If the Par- 
liament declares that this right is inherent in them, are they like 
to acquiesce in an open and forcible opposition to the exercise of 
it ? Will they not more probably maintain such right, and sup- 
port their own authority ? Is it in the will or in the power, or for 
the interest of this Province to oppose such authority ^ If such 
opposition should be made, may it not bring on a contest which 
may prove the most detrimental and ruinous event which could 
happen to this people ? 

It is said that the gentlemen who opposed this act in the House 
of Commons, did not dispute the authority of Parliament to make 
such a law, but argued from the inexpediency of it at this time, 
and the inability of the colonies to bear such an imposition. These 
are two distinct questions, which may receive different answers. 
The power of the Parliament to tax the colonies may be admitted, 
and yet the expediency of exercising that power at such a time, 
and in such a manner, may be denied. But if the questions are 
blended together so as to adn\it of but one answer, the affirmation 
of the right of Parliament will conclude for the expediency of the 
act. Consider, therefore, gentlemen, if you found your applica- 
tion for relief upon denying the Parliament's right to make such a 
law, whether you will not take from your friends and advocates 
the use of those arguments which are most like to procure the re- 
lief you desire .* 



MASSACHUSETTS STATE PAPERS. 41 

You, gentlemen of the House of Representatives, have proposed 
a Congress of committees from the representatives of the several 
colonies, to consider of a general, united, dutiful, loyal and humble 
representation to his Majesty and the Parliament. Are the late 
proceedings consistent with the dutiful, loyal and iiumble repre- 
sentation which you have proposed ? Will the denying the power 
and authority of the King and Parliament, be the proper means to 
obtain their favor ? If the Parliament should be disposed to repeal 
this act ; will they probably do it whilst there subsists a forcible 
opposition to the execution of it ? Is it not more probable that they 
will require a submission to their authority, as a preliminary to 
their granting you any relief ? Consider then, whether the opposi- 
tion to the execution of the act, has not a direct tendency to defeat 
the measures you have taken to procure a repeal of it, if you do 
not interpose to prevent it. 

By this act, all papers which are not duly stamped, are to be 
null and void ; and all persons who shall sign, engross or write 
any such papers, will forfeit for each fact ten pounds. If there- 
fore, stamps are not to be used, all public offices must be shut up ; 
for it cannot be expected that any officer should incur penalties 
much beyond all he is worth, for the sake of doing what will be 
null and void when it is done. I would therefore desire you to 
consider what eftects the stopping two kinds of offices only, the courts 
of justice and the custom houses, wiU have upon the generality 
of the people. When the courts of justice are shut up, no one 
■will be able to sue for a debt due to him, or an injury done him. 
Must not then all credit and mutual faith cease of course, and 
fraud and lapine take their place .^ Will any one's person or pro- 
perty be safe, when their sole protector of the law is disabled to 
act .P Must not the hand of violence be then let loose, and force 
of arms become the only governing power ? Is it easy to form an 
adequate idea of a state of general outlawry ? And may not the 
reality exceed the worst idea you can form of it. 

If trade and navigation shall cease by the shutting up the ports 
of this province for want of legal clearances, are you sure that 
all other ports which can rival these, will be shut up also ? Can 
you depend upon recovering your trade again entire and undimin- 
ished, when you shall be pleased to resume it s' Can the people 
of this province subsist without navigation for any long time ^ 
AVhat will become of the seamen who will be put out of employ- 
ment } What will become of the tradesmen who immediately de- 
pend upon navigation for their daily bread ? Will tliese people 
endure want quietly without troubling their neighbors ? What 
will become of the numberless families which depend upon fishery ? 
Will they be able to turn the produce of their year's work into 
the necessaries of life, without navigation ? Are there not num- 
berless other families who do not appear immediately concerned 
in trade, and yet ultimately depend uponrit ? Do you think it pos- '* 
6 



42 MASSACHUSETTS STATE PAPERS. 

sible to provide for the infinite diain of the dependents upon 
trade who will be brought to want by the stopping it ? Is it certain 
that this province has a stock of provisions within itself sufficient 
for all its inhabitants without the usual imports ? If there should 
be a sufficiency in general, can it be distributed among all the in- 
dividuals without great violence and confusion ? In short, can 
this province bear a cessation of law and justice, and of trade 
and navigation, at a time when the business of the year is to be 
wound up, and the severe season is hastily approaching ? These 
are serious and alarming questions, which deserve a cool and dis- 
passionate consideration. 

I would not willingly aggravate the dangers which are before 
you ; I do not think it very easy to do it : this province seems to 
me to be upon the brink of a precipice; and that it depends upon 
you to prevent its falling. Possibly I may fear more for you than 
you do for yourselves ; but in the situation you now stand, a siglit 
of your danger is necessary to your preservation ; and it is my 
business to open it to you. But I do not pretend to enumerate all 
the evils which may possibly happen ; several, and some of no 
little importance will occur to you, though they have been omitted 
by me. In a word, gentlemen, never were your judgment and 
prudence so put to a trial, as they are like to be upon the present 
occasion. 

I am aware that endeavors have been or may be used to lessen 
my credit with you, which I have hitherto always studied to im- 
prove to the advantage of the province. Violences seldom come 
alone : the same spirit which pulls down houses attacks reputa- 
tions. The best men in the province have been much injured in 
this way : I myself have not escaped this malignity. But I shall 
not lower myself so as to answer such accusers : to you I shall 
always owe such explanations as shall be necessary to the improve- 
ment of a good understanding between us. However, I will take 
this opportunity to declare publicly, that ever since I have set in 
this chair, I have been constantly attentive to the true interests of 
this province, according to the best of my ui)derstanding, and have 
endeavored to promote them by all means in my power. The 
welfare of this people is still uppermost in my heart ; and I believe 
no man feels more for them than I do at this present time. 
Gentlemen of the House of Hepresentatives, 

I must recommend to you to do an act of justice, which at the 
same time will reflect credit on yourselves : I mean to order a 
compensation to be made to the sufferers by the late disturbances. 
Their losses are too great for them to sit down with ; one of them 
amounts to a very large sum. You must be sensible that it will be 
expected that the damages be made good ; and it will be better 
for you to do it of your own accord before any requisition is 
made to you. An estimate of these damages is made by a commit- 
tee of the Council pursuant to order, which will be laid before you. 






MASSACHUSETTS STATE PAPERS, ^^ 45 

Gentlemen, 

I am sensible of the difficulty of the part you have to act ; it 
may not be sufficient for you to be convinced of the necessity of a 
submission to the law for the present, unless the same conviction 
shall be extended to the people in general. If this should be so, I 
can only desire you to use all means to make yourselves well ac- 
quainted with the exigencies of the present time ; and if you shall 
be persuaded that a disobedience of the act is productive of much 
more evil than a submission to it can be ; you must endeavor to 
convince your constituents of the truth of such persuasion. In 
such case I shall readily grant you a recess for a sufficient time, 
and I shall be ready to concur with you in all other legal measures 
to provide for the safety of the people in the best manner. 

FRA. BERNARD. 

Council Chamber, September 25, 1765. 

[It may be proper to observe here, that a riot took place in Bos- 
ton, in August, 1765, in which the custom house officers were 
insulted and threatened, and some of their property destroyed.] 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S SPEECH, 
OCTOBER 23, 1765. 

May it "please your Excellency, 

The House of Representatives have entered into a due consid- 
eration of your speech to both houses at the opening of this ses- 
sion ; and should have earlier communicated to your Excellency 
our sentiments thereupon, had not the late sudden and unexpected 
adjournment prevented it. 

We must confess, that after your Excellency had called us to- 
gether in pursuance of the unanimous advice of a very full Coun- 
cil, we were in hopes you would have given the assembly time then 
to have considered the critical state of the province, and deter- 
mined what was proper to be done at so difficult and dangerous a 
conjuncture. 

Your Excellency tells us, that the province seems to be upon the 
brink of a precipice ! A sight of its danger is then necessary for 
its preservation. To despair of the commonwealth, is a certain 
presage of its fall. Your Excellency may be assured, that the 
representatives of the people are awake to a sense of its danger, 
. and their utmost prudence will not be wanting to prevent its ruin. 

We indeed could not have thought tli^t a weakness in the exec- 
utive power of the province had been any part of our danger, had 



44r MASSACHUSETTS STATE PAPERS. 

not your Excellency made such a declaration in your speech. Cer- 
tainly the General Assembly have done every thing incumbent on 
them ; and laws are already in being for the support of his Majes- 
ty's authority in the province. Your Excellency doth not point 
out to us any defect in those laws ; and yet you are pleased to say, 
that the executive authority is much too weak. Surely you cannot 
mean, by calling the whole legislative, in aid of the executive au- 
thority, that any new and extraordinary kind of power should by 
law be constituted, to oppose such acts of violence as your Excel- 
lency may apprehend from a people ever remarkable for their loy- 
alty and good order ; though at present uneasy and discontented. 
If, then, the laws of the province for the preservation of his Ma- 
jesty's peace are already sufficient, your Excellency, we are very 
sure, need not to be told, to whose department it solely belongs to 
appoint a suitable number of magistrates to put those laws in exe- 
cution, or remove them in case of failure of their duty herein. 
And we hope this important trust will remain with safety to the 
province, where the constitution has lodged it. 

Your Excellency is pleased to tell us, that declarations have 
been made and still subsist, that the act of Parliament for granting 
stamp duties in the colonies, shall not be executed within this pro- 
vince. We know of no such declarations. If any individuals of 
the people have declared an unwillingness to subject themselves to 
the payment of the stamp duties, and choose rather to lay aside all 
business than make use of the stamped papers, as we are not ac- 
countable for such declarations, so neither can we see any thing 
criminal in them. This House has no authority to control their 
choice in this matter ; the act does not oblige them to make use of 
the papers ; it only exacts the payment of certain duties for such 
papers as they may incline to use. Such declarations may possibly 
have been made, and may still subsist, very consistently with the 
utmost respect to the King and Parliament. 

Your Excellency has thought proper to enumerate very minutely 
the inconveniencies that may arise from the stamped papers not be- 
ing distributed among the people ; with respect to some of which 
your love and concern for the province leads you to fear more for 
us than we do for ourselves. We cannot think your Excellency 
would willingly aggravate our dangers ; we are not in particular 
so alarmed, as your Excellency seems to be, with the apprehension 
of the hand of violence being let loose. Your Excellency, upon 
recollection, will find that all papers relative to crown matters are 
exempt from stamps. The persons of his Majesty's good subjects 
will still remain secure from injury. That spirit which your Ex- 
cellency tells us attacks i-eputations and pulls down houses, will 
yet be curbed by the law. The estates of the people will remain 
iguarded from theft or open violence. There will be no danger offlf 
lorce of arms becoming the only governing power. Nor shall we 
realize what your Excellency is pleased to call a state of general 



% 



# \ 



MASSACHUSETTS STATE PAPERS. \S^ 45 

outlawry. This we think necessary to be observed, without a par- 
ticular consideration of all the consequences which your Excel- 
lency fears, to prevent, if possible, any wrong impressions from 
fixing in the minds of ill disposed persons, or remove them if al- 
ready fixed. 

You are pleased to say, that the stamp act is an act of Parlia- 
ment, and as such ought to be observed. This House, sir, has too 
great a reverence for the supreme legislature of the nation, to ques- 
tion its just authority : It by no means appertains to us to presume to 
adjust the boundaries of the power of Parliament ; but boundaries 
there undoubtedly are. We hope we may without offence, put 
your Excellency in mind of that most grevious sentence of excom- 
munication, solemnly denounced by the church, in the name of the 
sacred trinity, in the presence of King Henry the Third, and the 
estates of the realm, against all those who should make statutes, or 
observe them, being made contrary to the liberties of the Magna 
Charta. We are ready to think that those zealous advocates for 
the constitution usually compared their acts of Parliament with 
Magna Charta ; and if it ever happened that such acts were made 
as infringed upon the rights of that charter, they were always re- 
pealed. We have the same confidence in the rectitude of the pre- 
sent Parliament ; and therefore cannot but be surprized at an inti- 
mation in your speech, that they will require a submission to an 
act as a preliminary to their granting relief from the unconstitu- 
tional burdens of it ; which we apprehend includes a suggestion 
in it far from your Excellency's design, and supposes such a wan- 
ton exercise of mere arbitrary power, as ought never to be surmised 
of the patrons of liberty and justice. 

Furthermore, your Excellency tells us that the right of the Par- 
liament to make laws for the American colonies remains indisputa- 
ble in Westminster. Without contending this point, we beg leave 
just to observe that the charter of the province invests the General 
Assembly with the power of making laws for its internal govern- 
ment and taxation ; and that this charter has never yet been for- 
feited. The Parliament has a right to make all laws within the 
limits of their own constitution ; they claim no more. Your Excel- 
lency will acknowledge that there- are certain original inherent 
rights belonging to the people, which the Parliament itself cannot 
divest them of, consistent with their own constitution : am.ong 
these is the right of representation in the same body which exer- 
cises the power of taxation. There is a necessity that the subjects 
of America should exercise this power within themselves, other- 
wise they can have no share in that most essential right, for they 
are not represented in Parliament, and indeed we think it imprac- 
ticable. Your Excellency's assertion leads us to think that you are 
of a different mind with regard to this very material point, and 
that you suppose we are represented ; but the sense of the nation 
itself seems always to have been otherwise. Tb.e right of the col- 



46 MASSACHUSETTS STATE PAPERS. 

onies to make their own laws and tax themselves has been never, 
tljat we know of, questioned ; but has been constantly recognized 
by the King and Parliament. The very supposition that the Par- 
liament, though the supreme power over the subjects of Britain 
universally, should yet conceive of a despotic power within them- 
selves, would be most disrespectful ; and we leave it to your Ex- 
cellency's consideration, whether to suppose an indisputable right 
in any government, to tax the subjects without their consent, does 
not include the idea of such a power. 

May it please your Excellency, 

Our duty to the King, who holds the rights of all his subjects 
sacred as his own prerogative ; and our love to our constituents 
and concern for their dearest interests, constrain us to be explicit 
upon this very important occasion. We beg that your Excellency 
would consider the people of this province as having the strongest 
affection for his Majesty, under whose happy government they 
have felt all the blessings of liberty : They have a warm sense of 
honor, freedom and independence of the subjects of a patriot 
King : they have a just value for those inestimable rights which 
are derived to all men from nature, and are happily interwoven in 
the British constitution : They esteem it sacrilege for them ever 
to give them up ; and rather than lose them, they would willingly 
part with every thing else. We deeply regret it, that the Parlia- 
ment has seen fit to pass such an act as the stamp act : we flatter 
ourselves that the hardships of it will shortly appear to them in 
such a point of light as shall induce them in their wisdom to repeal 
it : In the mean time we must beg your Excellency to excuse us 
from doing any thing to assist in the execution of it : Were we, in 
order to avoid assertions, to resolve what we haveto say on this 
head into mere questions, we should with all humility ask, whether 
it would be possible for us to add any weight to an act of that most 
august body the Parliament ? whether it would not be construed as 
arrogance and presumption in us to attempt it ? whether your Ex- 
cellency can reasonably expect that the House of Representatives 
should be active in bringing a grievous burden upon their constitu- 
ents ? Such a conduct in us would be to oppose the sentiments of 
the people whom we represent, and the declared instruction of 
most of them. They complain that some of the most essential 
rights of Magna Charta, to which as British subjects they have an 
undoubted claim, are injured by it : that it wholly cancels the very 
conditions upon which our ancestors settled this country, dnd en- 
larged his Majesty's dominions, with much toil and blood, and at 
their sole expense : that it is totally subversive of the happiest 
frame of subordinate, civil government, expressed in our charter, 
which amply secures to the Crown our allegiance, to the nation 
our connection, and to ourselves the indefeasible rights of Britons : 
that it tends to destroy that mutual confidence and affection, as 



MASSACHUSETTS STATE PAPERS. 47 

well as that equality which oudit ever to subsist among all his Ma- 
jesty's subjects in his wide and extended empire : that it may be 
made use of as a precedent for their fellow subjects in Britain for 
the future, to demand of them what part of their estates they shall 
think proper, and the whole if they please : that it invests a single 
judge of the admiralty, with a power to try and determine their 
property in controversies arising from internal concerns, without 
a jury, contrary to the very expression of Magna Charta ; that no 
freeman shall be amerced, but by the oath of good and lawful men 
of the vicinage : that it even puts it in the power of an informer 
to carry a supposed offender more than two thousand miles for 
trial ; and what is the worst of all evils, if his Majesty's Ameri- 
can subjects are not to be governed, according to the known stated 
rules of the constitution, as those in Britain are, it is greatly to be 
feared that their minds may in time become disaffected ; which we 
x;annot even entertain the most distant thought of without the 
greatest abhorrence. We are truly sorry that your Excellency 
has never made it a part of your business to form any judgment 
of this act ; especially as you have long known what uneasiness 
the most distant prospect of it gave to his Majesty's good subjects 
in America, and of this province, of which you are substituted to be 
the head and father. Had your Excellency thought it proper to 
have seasonably entered into a disquisition of the policy of it, you 
would, we doubt not,have seen tliat the people's fears were not with- 
out good foundation ; and the love and concern which you profess 
to have for them, as well as your duty to his Majesty, whose faith- 
ful subjects they are, might have been the most powerful motives to 
your Excellency to have expressed your sentiments of it early 
enough to those Avhose influence brought it into being. 

"VVe cannot help expressing our great uneasiness, that after men- 
tioning some violences committed in the town of Boston, your 
Excellency should ask this tlouse, whether such proceedings are 
consistent with the dutiful, humble and loyal representations which 
Ave propose should be made. We are sure your Excellency will 
not expressly charge us with encouraging the late disturbances ; 
and yet to our unspeakable surprise and astonishment, we cannot - 
but see, that by fair implication it may be argued Wkm the man- 
ner of expression, that an odium was intended to be thrown on the 
province. We inherit from our ancestors the highest relish for 
civil liberty ; but we hope never to see the time when it shall be 
expedient to countenance any methods for its preservation but 
such as are legal and regular. When our sacred i-i^hts are in- 
fringed, we feel the grievance, but we understand the nature of 
our happy constitution too well, and entertain too high an opinion 
of the virtue and justice of the supreme legislature, to encourage 
any means of redressing it, but what are justifiable by the consti- 
tution. We must therefore consider it as unkind for youi^ Excel- 
lency to cast such a reflection on a province whose unshaken 



•iS* 



48 MASSACHUSETTS STATE PAPERS. 

loyalty and indissoluble attachment to his Majesty's most sacred 
person and government was never before called in question, and 
we hope in God never vv^ill again. We should rather have thought 
your Excellency would have expressed your satisfaction in pre- 
siding over so loyal a people, who in that part of the government 
where the violences were committed, before there was time for 
them to be supported by the arm of civil power, and even while 
the supreme magistrate was absent, by their own motion raised a 
spirit and diffused it through all ranks, successfully to interpose 
and put a stop to such dangerous proceedings. 

Your Excellency is pleased to recommend a compensation to be 
made to the suiFerers by the late disturbances. We highly disap- 
prove of the acts of violence which have been committed ; yet till 
we are convinced that to comply with what your Excellency re- 
commends, will not tend to encourage such outrages in time to 
Gome, and till some good reason can be assigned why the losses 
those gentlemen have sustained should be made good, rather than 
any damage which other persons, on any other different occasions^ 
might happen to sufter, we are persuaded we shall not see our way 
clear to order such a compensation to be made. We are greatly at 
a loss to know who has any right to require this of us, if we should 
differ from your Excellency in point of its being an act of justice, 
which concerns the credit of the government. We cannot con- 
ceive why it should be called an act of justice, rather than gene- 
rosity, unless your Excellency supposes a crime committed by a 
few individuals, chai'geable upon a whole community. 

We are very sorry that your Excellency should think it needful 
to intimate that any endeavors have been, and may be used, to 
lessen your credit with this House. Your Excellency cannot but 
be sensible that when the popular pulse beats high for privileges, it 
is no unusual thing for a clamor to be raised against gentlemen 
of character and eminence. We can assure you that our judgment 
of men, especially those in high stations, is always founded upon 
our experience and observation. While your Excellency is pleased 
to make your duty to our most gracious Sovereign, and a tender 
regard to the interest of his subjects of this province, the rule of 
your adminilfration, you may rely upon the readiest assistance 
that this house shall be able to afford you. And you will have our 
best wishes that you may have wisdom to strike out such a path of 
conduct, as, while it secures to you the smiles of your Royal Mas- 
ter, will at the same time conciliate the love of a free and loyal 
people. 

[The Session in September lasted only three days ; and the Court 
met again October 21. The answer was prepared by S. White, 
(the speaker,) T. Gushing, S. Dexter, J. Lee, Capt. SheafFe, Gen. 
Winslow, T. Gray, and Mr. Foster, of Plymouth.] 



MASSACHUSETTS STATE PAPERS. 49 



MESSAGE 

OF GOVERNOR BERNARD, TO THE TWO HOUSES, RESPECTING 
STAMPS, SEPTEMBER 26, 176J. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives^ 

A SHIP is arrived in this harbor with stamped papers on board 
for tlie King's use in this province ; and also with other papers 
for the like use in the province of New Hampshire and colony of 
ilhode Island. 

As Mr. Oliver has declined the office of distributor of stamped 
papers, and cannot safely meddle with what are arrived, the care 
of them devolves to this government, as having a general charge of 
the King's interest within it. 

I have already laid this matter before the Council, and they have 
referred it to the General Court. I therefore now apply to you, 
jointly, to desire your advice and assistance, in order to preserve 
the stamped papers designed for this government, being the King's 
property of very considerable value, safe and secure for his Majes- 
ty's further orders. 

I must also desire you at the same time to consider of the like 
preservation of the stamped papers designed for New Hampshire 
and Rhode Island, if the distributors appointed for those govern- 
ments should decline taking charge of them, as in such case the 
care of them will devolve to this government equally with the others. 

FRA. BERNARD. 

Council Chamber, September 25, 1765. 



ANSWER 

OF THE TWO HOUSES, TO THE FOREGOING- MESSAGE, 
SEPTEMBER 26, 1765. 

<May it please your Excellency, 

The House having given all due attention to your Excellency's 
message of this day, beg leave to acquaint your Excellency, that 
as the stamped papers, mentioned in your message, are brought 
here without any directions to this government, it is the sense of 
the House that it may prove of ill consequence for them any ways 
to interest themselves in this matter. We hope, therefore, your 
Excellency will excuse us if we cannot see our way cleajr to give 
you any advice or assistance hereiu. 
7 



0^ 



50 MASSACHUSETTS STATE PAPEK!?. 

Resolutions of the House of Representatives^ expressive of their 
sense of the rights of the colonies, October 25, 1765. 

1. Resolved, That there are certain essential rights of the British 
constitution of government, which are founded in the law of God 
and nature, and are the common rights of mankind ; Therfefore, 

2. Resolved, That the inhabitants of this province are unaliena- 
bly entitled to those essential rights, in common with all men ; 
and tliat no law of society can, consistent with the law of God 
and nature, divest them of those rights. 

3. Resolved, That no man can justly take the property of ano- 
ther, without his consent; and that upon this original principle, 
the right of representation in the same body'which exercises the 
power of making laws for levying taxes, which is one of the main 
pillars of the British constitution, is evidently founded. 

4. Resolved, That this inherent right, together with all other 
essential rights, liberties, privileges, and immunities of the people 
of Great Britain, have been fully confirmed to them by Magna 
Charta, and by former and later acts of Parliament. 

5. Resolved, That his Majesty's subjects, in America, are, in 
reason and common sense, entitled to the same extent of liberty 
with his Majesty's subjects in Britain. 

6. Resolved, That by the declaration of tlie royal charter of this 
province, the inhabitants are entitled to all the rights, liberties, 
and immunities of free and natural subjects of Great Britain, to 
all intents, purposes and constructions whatever. 

7. Resolved, That-the inhabitants of this province appear to be 
entitled to all the rights aforementioned, by an act of Parliament, 
13th of George II. 

8. Resolved, That those rights do belong to the inhabitants of 
this province, upon principles of common justice : their ancestors 
having settled this country at their sole expense, and their pos- 
terity having constantly approved themselves most loyal and faith- 
ful subjects of Great Britain. 

9. Resolved, That every individual in the colonies is as advan- 
tageous to Great Britain, as if he was in Great Britain, and held 
to pay his full proportion of taxes there. And as the inhabitants 
of this province pay their full proportion of taxes, for the support 
of his Majesty's government here, it is unreasonable for them to 
be called upon to pay any part of the charges of the government 
there. 

10. Resolved, That the inhabitants of this province are not, and 
never have been, represented in the Parliament of Great Britain : 
and that such a representation there, as the subjects in Britain 
do actually and rightfully enjoj^, is impracticable for the subjects 
in America. And further, that in the opinion of this House, the 
several subordinate powers of legislation, in America, were con- 
stituted upon the apprehensions of this impracticability. 



MASSACHUSETTS STATE PAPERS. 51 

11. Resolved, That the only method, whereby the constitutional 
rights of the subjects can be secure, consistent with a subordina- 
tion to the supreme power of Great Britain, is by the continued 
exercise of such powers of government as are granted in the royal 
charter, and a firm adherence to the privileges of the same. 

12, Resolved, As a just conclusion from some of the foregoing 
resolves, that all acts, made by any power whatever, other than 
the General Assembly of this province, imposing taxes on the in- 
habitants, are infringements of our inherent and unalienable rights, 
as men and British subjects ; and render void the most valuable 
declarations of our charter. 

IS. Resolved, That the extension of the powers of the court of 
admiralty within this province, is a most violent infraction of the 
right of trials by juries : A right which this House, upon the prin- 
ciples of their British ancestors, hold most dear and sacred ; it 
being the only security of the lives, liberties, and properties of his 
Majesty's subjects here. 

14. Resolved, That this House owe the strictest allegiance to 
his most sacred Majesty King George the Third ; that they have 
the greatest veneration for the Parliament ; and that they will, 
after the example of all their predecessors, from the settlement of 
this country, exert themselves to their utmost, in supporting his 
Majesty's authority in the province ; in promoting the true happi- 
ness of his subjects ; and in enlarging the extent of his dominion. 

Ordered, That all the foregoing resolves be kept in the records 
of this House ; that a just sense of liberty, and the firm sentiments 
of loyalty may be transmitted to posterity. 

[These resolutions passed unanimously ; and the committee 
who reported them, were S. White, (the Speaker,) Gushing, Ad- 
ams, Dexter, Bowers, Sheaffe, Witt, Saunders, and Humphrey.] 



[The following communications between the House of Repre- 
sentatives and the Council, will shew how tenacious the former 
were of their rights.] 

MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE COUNCIL, ON THJfc SUB- 
JECT OF DRAWING MONEY FROM THE TREASURY BY THE GOVERNOR 
AND COUNCIL, WITHOUT CONSENT OF THE HOUSE ; NOVEMBER, 6, 176S. 

In the House of Representatives, Resolved, that the following Re- 
monstrance be sent up to his Majesty's Council. 

May it please your Honors, 

At a time when all this continent are groaning under the 
burden of tates necessarily laid on them, by their own Represent- 



*♦ 



52 MASSACHUSETTS STATE PAPERS. 

atives, to discharge the arrearages incurred by the late war ; at a 
time when they are justly complaining that very heavy additional 
taxes, external and internal, have been imposed on them by the 
British Parliament, without their consent, and in which they neither 
are nor can be represented ; at a time when the establishment of 
Castle William was kept up to the same number of men that his 
Excellency required in the height of the war, besides four inde- 
pendent companies, excused from all other military duty but that 
of defending that fortress : At such a time, it is to the last degree 
astonishing to this House, tliat the Governor and Council should 
go about to make an additional establishment of a new company 
there; and that the sum of £\ 16,17 has been actually drawn out 
of the treasury, for that purpose, by a warrant from the Governor 
and Council. There is no principle of the British constitution 
more clearly and firmly established, than that impositions, neither 
in time of war, or other the greatest necessity or occasion that 
may be, much less in the time of peace, neither upon foreign or 
inland commodities of what nation soever, be they never so su- 
perfluous or unnecessary, neither upon merchants, strangers, or 
denizens, may be laid by tlie King's absolute power, without the 
assent of Parliament, be it for never so short a time. If the Gov- 
ernor and Council have a right, in any case, to raise and pay one 
company, they may raise ten or an hundred ; and at their pleasure 
subject this people to be governed by a standing army. We, 
therefore, in duty to ourselves, our constituents, and to posterity, 
declare the said procedure to be an high infraction of the rights of 
this House, with whom the originating and granting all taxes on 
the freeholders and inhabitants of this province, is indubitably and 
constitutionally lodged. We are the more alarmed at this extra- 
ordinary step in the Governor and Council, as, besides that it 
implies a very injurious distrust of the independent con)panies 
assigned for the more immediate defence of Castle AViliiam j a 
similar instance of misapplyiji^ the public monies in relation to 
fitting out a sloop of war, was not long since remonstrated against. 

We earnestly beseech your honors that no measures of this 
kind be taken for the future, and that you would be pleased to or- 
der that the said sum be replaced in the treasury for the public 
service. 

[A remonstrance conceived in the same terms with the above, 
mutatis mutandis, was presented to the Governor.] 



'iif:i^ 



MASSACHUSETTS STATE PAPERS. 53 

MESSAGE 

FROM THE COtJNClL TO THE HOUSE OF REPRESENTATIVES, IN ANSWER 
TO THE ABOVE, NOVEMBER 7, 176S. 

In Council, Resolved unanimously, that the following Message be 
sent to the House of Representatives. 

Gentlemen of the House of Representatives, 

At a time when union of councils and unity of measures are 
so necessary to the welfare and peace of the community, the Board 
are very sorry that any thing should take place to interrupt the 
harmony which ought to subsist between the several branches of 
the legislature. 

The Board agree with the honorable House that no principle of 
the British constitution is more clearly and firmly established, than 
that no impositions upon foreign or inland commodities, or upon 
merchants, strangers or denizens, may be laid by the King's abso- 
lute power, without assent of Parliament. And the Board appre- 
hend, that they have not, either in their separate capacity, or in 
conjunction with the Governor, acted inconsistently with that 
principle. 

It seems necessary to the well being of society, that there should 
be subsisting within it a power at all times ready to provide against 
sudden and unexpected emergencies, that by an immediate exertion 
a positive good may be produced, or a threatened evil prevented. 
If the General Court could be always sitting, that power would al- 
■ways reside therein ; but when this cannot be the case, it would 
argue great defect in the constitution, to suppose such a power not 
to exist ; and if it exists at all, it must be in the Governor and 
Council. From the very nature of government, which is formed 
for the good of the people, it seems necessary tJiat the Governor 
and Council, in cases of emergency, should have a power (when 
the General Court cannot be sitting) to provide for the good of 
the people. - And such a power is deducible from the province 
charter, which declares, " that the Governor, with the Assistants or 
Counsellors, or seven of them at the least, shall and mav, from 
time to time, hold and keep a Council for the ordering and directing 
of the aifairs of the Parliament." And the same power is implied 
in the oath, which each Counsellor is by law obliged to take, upon 
his admission to the Board, viz. " that he will, to the best of his 
judgment, at all times, freely give his advice to the Governor for 
the good encouragement of the public affairs of this government." 
The Board, however, arc by no means fond of exercising such a 
power; and wish the occasions for it had never arisen, and may 
never arise again. And in justice to themselves, they must de- 
clare, that they are not chargeable with making wanton use of any 
power entrusted^ with them. 



'0'' 



34 MASSACHUSETTS STATE PAPERS. 

What the honorable House mention as exceptional in their con- 
«luct, the Board came into with great reluctance. The minds of 
the people were so agitated at that time about the stamps, that it 
was generally apprehended that if they were not lodged in some 
place of security, they would be infallibly destroyed ; in which 
case the province might have been answerable at least for the 
amount of them. Upon this reason, without being more particular, 
the conduct of the Board stands. It did not proceed from any af- 
fection for the stamps, to which they have as great an aversion as 
the honorable House ; nor from a disposition to put the province 
to a needless expense ; for as soon as they judged it might be done 
with propriety, they unanimously advised, " that his Excellency 
give orders to stop any further enlistment, and to discharge the 
men already enlisted as soon as may be ;" which his Excellency 
accordingly did. 

The Board are embarked in the same bottom with the honorable 
House — we must both sink or swim together ; and any expense or 
injury to the province is suffered proportionally by both. The 
Board are therefore led by interest as well as principle, to prevent 
the one, if unnecessary, and to ward off" the other; and in what 
they did, they thought they were doing what their duty required 
of them ; the using means to prevent an injury happening to the 
province, or to prevent the people in the warmth of their temper 
from hurting themselves. The Board may have misjudged in this 
matter, they pretend not to be infallible. This, however, they can 
say, they have been actuated by upright principles ; and so far 
was it from their intention to make a high infraction, or any in- 
fraction at all on the rights of the honorable House (with whom they 
are fully sensible all taxes should constitutionally originate) that 
their sole aim was the prevention ot an evil to the province. And 
the Board think it their duty, at this time, to declare, that when the 
government is more immediately devolved on the Governor and 
Council, they ought not to leave the Commonwealth at hazard, so 
long as any endeavors of their's consistent with the Constitution 
can avail to preserve it. 



In the House of Representatives, November 8, 1765 : Resolved, 
that the following Message be sent to the Honorable Board, in re- 
ply to their answer of yesterday. 

Mr. President, 

The answer of the Honorable Board to the remonstrance of 
the House, gives us very sensible concern, as it contains, not only 
a justification of the measure complained of ; but is, in effect, a 
declaration of the Honorable Board, that, in the recess of the Gen- 



MASSACHUSETTS STATE PAPERS. 55 

eral Court, all the powers of government are devolved on and 
vested in the Governor and Council, at their discretion to be 
exercised and executed. As the legislative power of Great Bri- 
tain is by the constitution lodged in the King, Lords and Com- 
mons, so the subordinate provincial legislative power is here 
lodged in the Governor, Council and House of Representatives ; 
and it would be quite as constitutional to assert, that in the recess 
of Parliament, the Supreme Legislative of Great Britain is de- 
volved on his Majesty and the House of Lords, or the Privy Coun- 
cil, as to affirm, that in the recess of the General Court, all the 
powers of the Legislature here are devolved on the Governor and 
Council. It seems to be conceded by the Honorable Board, that 
if the General Assembly had been sitting, the Governor and Coun- 
cil could not have rightly taken the measures complained of. This 
is a concession, that it was properly a legislative act. And will 
the Honorable Board assert, that the Governor and Council are a 
complete Legislature, in the recess of the General Court, while it 
is manifest they have no such distinct power when the General 
Court is sitting f Many have been the attempts to make the peo- 
ple of England easy under taxes, imposition and the levies of troops 
without any parliamentai-y establishment, but in vain. The nation 
could never be brought to so visible an infraction of their native 
right of giving and granting only such part and proportion of their 
property to the public service as they might think tit. 

The clause in the province charter, recited by the Honorable 
Board in their answer, can, by the rules of good construction, only 
relate to the executive powers lodged by the said charter in the 
Governor and Council, ever subject to the just limitation and con- 
trol of the fundamental principles and laws of the constitution. 
The capital of these is, that, under no color or pretext whatever, 
can the subject be directly or indirectly taxed, but by his own con- 
sent, in person, or by his representative. There can be no neces- 
sity for so strange an exertion of power and prerogative in the 
Governor and Council in any emergency that may happen in the 
recess of the General Court, as very great military powers are by 
charter lodged in the Governor, who with advice of his Council 
may ever proclaim the lav/ martial. But should that be done, the 
pay of the army would depend on the legislative power ; and all 
grants for that purpose must originate with the representatives of 
the people. There is nothing more certain than that the Governor 
and Council of this province, in the recess of the General Court, can 
rightfully claim only executive powers ; and as they represent the 
Supreme Executive in Great Britain, we would cheerfully admit, 
that so far as is necessary for the good of the whole, they may, in 
cases of urgent necessity exercise the just prerogatives of the Crown, 
which are, by royal charter, devolved upon them. And, both there 
and here, as the legislative and executive powers are in different 
hands, the good of society, for obvious reasons, requires that several 



56 MASSACHUSETTS STATE PAPERS. 

things should be left to the discretion of him or them, who have 
the executive power. But this hinders not but that the preroga- 
tive should in certain instances be expressly limited and bounded. 
AH who are acquainted with the laws and constitution of Great 
Britain, very well know that the prerogative there is thus limited, 
and that since the revolution there have been no successful at- 
tempts to leap the bounds firmly fixed at that glorious era. One 
of tliose bounds was the appropriation of the several branches of 
the revenue granted by the Commons, which are in no case to be 
broken in upon. When any extraordinary exigency takes place, 
it is to be provided for as well as may be ; and that in confidence 
of the Parliament ; and the first opportunity is taken to lay the 
matter before the Commons. Have we ever had even a compli- 
ment of this kind .^ If the Sherift' cannot in any case raise the 
posse comitatus, or if the standing militia answer not the ends of 
their institution, and in consequence thereof it becomes needful to 
raise new levies, the House should be called upon for their appro- 
bation, at least ex post facto ; but we have not heard a syllable to 
this purpose. We entertain no doubt of the uprightness and good 
intentions of the Honorable Board, but have only to desire them 
seriously to consider what the people of this province will have 
left them worthy the great name of freedom, if it should be con- 
ceded that an unlimited power is devolved on and lodged with the 
Governor and Council in the recess of the General Court, which 
recess, with or without the advice of the Council, may, at the pleas- 
ui^e of the Commander in Chief, be continued from the day of one 
general election to that of another. If the Governor and Council 
can, at their discretion, dispose of the public monies when raised, a 
direct assessment by them on the freeholders and inhabitants of 
the province, without admiting the House to an opportunity of 
originating or assenting to the taxes imposed on the subject, would 
be a very unimportant step. It is impossible the Honorable Board 
should more sincerely wish for peace and harmony in government 
than the House. But this is a point we must not, we cannot 
give up. 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE QF 
REPRESENTATIVES, NOVEMBER 8, 175S. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I WAS so determined to let the business of this part of the 
session pass on without any interruption from me, that I have 
postponed doing myself justice in a matter in which I think I have 



MASSACHUSETTS STATE PAPEIIS. 57 

been much injured. But as it has not been my intention to pass 
it over in silence, and therefore seem to admit the justice of the 
charge, I take this opportunity to make the following expostulation. 

Gentlemen of the House of Representatives, 

Your answer to my speech is conceived in terms so different 
from what you have been used to address me with, that I know 
not how to account for it, but from the disordered state of the 
province, which affects its very councils. I shall therefore avoid 
reasoning upon the unfair arguments and groundless insinuations 
which have been made use of to misrepresent me. Time and their 
own insufficiency will effectually confute them. Time will make you, 
gentlemen, sensible how much you were deceived when you were 
prevailed upon to give a sanction to so injurious a treatment of me. 

What have I done to deserve this ? I have happened to be the 
Governor of this province at a time when the Parliament has 
thought proper to enact a taxation of the colonies. It is not pretended 
that I have promoted this tax ; nor can it with any truth be pre- 
tended that I have had it in my power to have opposed it by any 
means whatsoever. However, when the act was passed it brought 
upon me a necessary duty, which, it seems, did not coincide with 
the opinions of the people. This is my offence ; but it is really 
the offence of my office ; and against that, you should have express- 
ed your resentment, and not against my person. If I could have 
dispensed with my duty, perhaps I might have pleased 3'ou ; but 
then I must have condemned myself, and been condemned by my 
Royal Master. I cannot purchase your favor at so dear a rate. 

I will however own, if it will please you, that I acted with more 
xeal for you, than prudence towards myself: I have thought it 
your duty to submit to this act until you could get it repealed ; I 
have thought that a submission to it would be the readiest means to 
obtain a repeal ; I have thought that a disobedience of it would be pro- 
ductive of more hurt to you than a submission to it : I have urged 
these things earnestly, because I thought them of great importance 
to you ; but still I have acted with a regard to truth and with an 
upright intention. I may be mistaken in my apprehension of this 
matter ; but the time is yet to come when it shall appear that I am 
so. If it should be so, as I heartily wish it may, an error of judg- 
ment, with a good will and fair meaning, does not deserve a severe 
reprehension ; much less does it deserve it before it really appears 
to be an error. 

You seem to be displeased with my making the opposition to the 
execution of the act of Parliament a business of the provincial 
legislature. But gentlemen, you should consider that it was in 
pursuance of the unanimous advice of a very full Council that I 
called you together for this very purpose. It was necessary for 
me to explain the cause of your meeting ; and I could not avoid 
keing explicit upon the subject, consistent with my sense of duty. 



68 MASSACHUSETTS STATE PAPERS. 

I should have thought myself very inexcusable if I had foreseen 
danger to the province like to arise from the behavior of the peo- 
ple and not have warned you against them ; but I could not be so 
indifferent about the welfare of tliis government. I have therefore 
acquitted myself; I have delivered my own soul ; and you will 
remember, that, if any consequences disagreeable to you shall hap- 
pen, I have not been wanting in guarding you against them. If 
there shall be none such, so much the better ; I shall be well pleas- 
ed to find myself mistaken. 

To justify your unkind treatment of me, you charge me with 
unkindness towards the province. This is no uncommon practice ; 
but let us see in the present case how it is founded. You intimate 
that if I had had the love and concern for the people which I pro- 
fess, I should have expressed my sentiments of the act early enough 
to those whose influence brought it into being. But from whence 
do you learn that I have had any opportunity to express such senti- 
ments ? Do you imagine that I take the liberty of obtruding my 
advice to his Majesty's ministers unasked and unexpected, and in 
a business belonging to a department with which I have not the 
honor to correspond ? I have never neglected any opportunity to 
serve the province in those offices to which I have a right to apply, 
and have taken as great liberty in so doing as perhaps any Governor 
whatsoever ; but in this business I have had no pretence to inter- 
pose ; nor do I believe any Governor in America has presumed to 
express his sentiments against the act in question. 

You charge me with casting a reflection on the loyalty of the 
province, by wresting my words to a meaning which it is not easy 
to conceive how they could be thought to bear. No one, gentle- 
men, has been louder in proclaiming the loyalty of this province 
than I myself have I have boasted of it ; I have prided myself 
in it ; ami I trust the time will come when I shall do so again ; 
for I hope the estimate of this people will not be formed from a 
revievy of tlie present times, which, in my opinion, have been made 
much more difficult than they need have been. But this fermenta- 
tion must subside, though it is not easy to say when, or in what 
manner ; and the province will be restored to its former peace 
and reputation. 

If I wanted to apologize for my general conduct in this govern- 
ment, I need only to apply to your registers, where I shall find 
frequent instances of the approbation of my administration. And, 
so far as an upright intention, and a diligent exercise of my abili- 
ties will go, I have deserved them. It is not much above a year 
since you thought proper, by a special request, to desire me to be 
your advocate for particular purposes. If I was at liberty to make 
public my execution of that commission, I should make those blush 
who would persuade you that I am not a real friend to the inter- 
ests, and especially to the trade of this people. Nothing is better 
understood at home than my attachment to this province. The 



MASSACHUSETTS STATE PAPERS. 59 

public offices, where my letters are filed, are full of proofs of it ; 
and there is not a minister of state, whom I have had the honor to 
correspond with, who does not know I am far from being unfriend- 
ly to the province, or indifferent to its interests. 

But, gentlemen, you will make me cautious how I force my ser- 
vices upon you. Not that I intend to desert the cause of the pro- 
vince ; I shall still serve it by all means in my power. And really, 
gentlemen, if you will permit me to give you one piece of advice 
more, you may possibly stand in such need of advocates as to 
make it not prudent for you to cast off any of your natural and 
professed friends : for such I am, and shall always be, in wishes 
and private offices, whether you will allow me to appear publicly 
in that character or not. The pains which are taken to disunite 
the General Court, must have bad consequences, more or less ; 
but they shall not prevent me pursuing such measures as I shall 
think most conducive to the general welfare of the province. 

FRA. BERNARD. 

Council Chamber, November 8, 1765. 



ANSWER 

OF THE HOUSE OF REPRESENTATI\^S, TO THE GOVERNOR'S SPEECH 
OF NOVEMBER 3, 1765, PRESENTED JANUARY 17, 1766. 

May it please your Excellency, 

As you was pleased to close the last session of the General 
Assembly with a speech to both Houses, there was no time for the 
House of Representatives then to take it under their consideration. 
Thinking it our duty, however, to give all attention to what your 
Excellency is pleased at any time to say to us, we have made it 
the first business of this session carefully to peruse it; and should 
have been glad if we could have passed it over in jileiice. 

The House, sir, has no disposition to dispute your Excellency's 
right to deliver your speech to the Assembly at what time you 
think proper ; yet, if at any time, you are pleased to express 
yourself in terms which bear hard upon ourselves or our constitu- 
ents, we cannot help observing to your Excellency, that it ap- 
pears to us an undue exercise of the prerogative to lay us under 
the necessity, either of silence, or of being thought out of season 
in making a reply. 

Our answer to your former speech might have been " conceived 
in terms different from what you have been used to ;" and jGt be 
unexceptionable. We are very sorry your Excellency has been 
pleased to charge it with " unfair arguments and groundless insin- 



60 MASSACHUSETTS STATE PAPERS. 

nations to misrepresent you," without pointing out the justice of 
the charge. 

You tell us, that in order to justify our construction of your 
words, as being designed to cast an odium on the province, we 
have " wrested them to a meaning, which it is not easy to con- 
ceive they could bear." To vindicate ourselves, we need only re- 
cite your own words. Your Excellency asked the House, " wheth- 
er the late proceedings (meaning the violences which had been 
committed in Boston, to which you particularly referred) were 
consistent with the humble, dutiful and loyal representations to 
his Majesty and the Parliament, which they had proposed." If 
your Excellency did not intend to have it understood, that the 
whole province had abetted those violent proceedings, we are ut- 
terly at a loss to apprehend the pertinence of the question. 

The House, however, would not have insisted on this, had not 
your Excellency expressed as much in your last speech before the 
prorogation, wherein you say, " that the disordered state of the 
province, (meaning, as the House apprehend, those violent pro- 
ceedings,) had affected its very councils ;" and allege this as the 
cause or occasion of the unusual terms, in which they had ad- 
dressed you. And, indeed, what other meaning can we put upon 
what your Excellency further says in the same speech, " that the 
House had been prevailed upon to give a sanction to an injurious 
treatment of you." From all which, this House cannot think it 
would be putting a forced constructio;* upon your words to con- 
clude, that it is your Excellency's opinion, that the whole body of 
the people had justified the violences committed by a few persons 
in the town of Boston, (though publicly detested by its inhabi- 
tants) that they were upon the very borders of rebellion, that their 
representatives had adopted their spirit, and had been prevailed 
upon, by your enemies out of doors, to give a sanction to an inju- 
rious treatment of you. The House expressed their concern, that 
your Excellency should entertain such an opinion of a people, 
whom you have heretofore been pleased to characterise as the most 
loyal of his Majesty's American provinces. And they are very 
sorry that you should think you have reason lo use such severity 
of language towards themselves, especially after they had assured 
you, that their judgment of men, particularly of those in high sta- 
tions, and consequently of your Excellency, was always formed 
on their own experience and observation. 

Your Excellency's manner of expression, in another part of your 
speech, fully shews that you have in some measure altered, or at 
least suspended, your opinion of the people of this province in 
point of their loyalty : in speaking of which you make use of the 
time past and future, without mentioning the present. " No one," 
you tell us, " has been louder in proclaiming the loyalty of this 
people than yourself. You have boasted of it ; you have prided 
yourself in it." And then you add, " that you trust the time will 



MASSACHUSETTS STATE PAPERS. 61 

come when you shall do so again." Your present sentiments of 
them you hide in silence, for which a reason seems to be implied 
in the hopes you express, " that an estimate of this people will not 
be formed from a review of the present times." Of the present 
times, may it please your Excellency, impartial history will re- 
cord, that the people of this continent, after giving the strongest 
testimonies of their loyalty to his Majesty, particularly by making 
their utmost exertions in defending his territories and enlarging 
his dominion in this part of the world, upon a motion made in this 
House, gave an equal testimony of a love of liberty and regard to 
those principles, which are a basis of his Majesty's government, by 
a glorious stand, even against an act of Parliament ; because they 
plainly saw, that their essential, unalienable right of representa- 
tion and of trials by jury, the very foundation of the British con- 
stitution, was infringed, and even annihilated by it. But that 
they had knowledge and virtue enough to regulate their opposition 
to it by the law, and steadily to persevere in such steps as the con- 
stitution has prescribed to obtain its repeal ; that is, by humble, 
dutiful and loyal representations to his Majesty and the Parlia- 
ment. And we take this occasion to acquaint your Excellency 
and all the world, that the House of Representatives of this pro- 
vince have in general been expressly instructed by their constitu- 
ents to endeavor to obtain a repeal by all means consistent witli 
their loyalty to their Sovereign, and a due veneration to the Par- 
liament of Great Britain. An estimate, formed from this view, 
can never be to the disadvantage of the present times. 

Your Excellency says, that these times have been made more 
difficult, than they need have been ; which is also the opinion of 
this House. Those who have made them so, have reason to regret 
the injury they have done to a sincere and honest people. We are 
glad, however, to find, that the difficulty of the times is, in a great 
measure, removed ; and we trust, that the province will be soon 
restored to its former tranquillity — your Excellency is pleased to 
add, " reputation." The custom houses are now open, and the 
people are permitted to do their own business. The courts of 
justice must be open — open immediately, and the law, the great 
rule of right in every county in the province, executed.* The 
stopping the course of justice is a grievance which this House 
must inquire into. Justice must be fully administered through 
the province, by which the shocking effects, which your Excellency 
apprehended from the people's non-compliance with the stamp act, 
will be prevented. Nothing now remains but to support the King's 
executive authority in this province, for which there is sufficient 
provision in the laws ; and patiently to wait in hope that the hum- 
ble, dutiful and loyal application, jointly made by the people of 

" The courts had been suspended for some months, because they would not proceed to 
do business without stamps ; and the people declined using them. See doing^s of the Gen- 
eral Court on the subject. Feb. ]7i3(5. 



62 MASSACHUSETTS STATE PAPERS. 

the continent for the repeal of the act, will be succeeded. And 
though your Excellency has told us, that you never thought it prop- 
er to express your sentiments against the act, we have reason to 
expect, that as it is " a business in which you have no pretence to in- 
terpose," you have never taken any steps to prevent its repeal. 

You are pleased to say, that " nothirvg is better understood at 
home than your attachment to this province — that the public 
offices, where your letters are filed, are full of proofs of it : and 
that there is not a minister of state, whom you have the honor of 
corresponding with, who does not know you are far from being 
unfriendly to the province, or indifferent to its interests." This 
House would, by no means, dispute the sincerity of your Excel- 
lency's declarations ; and we think we might from hence conclude, 
that though •' you have happened to be the Governor of this pro- 
vince, at a time when the Parliament has thought proper to enact 
a taxation of the colonies," you did not promote this tax ; your 
Excellency indeed is not pleased so expressly to declare this j 
yet as you have the honor of corresponding with ministers of 
state, we might have been at least induced to believe, had not your 
Excellency said, that it could not with any truth be pretended, that 
you had it in your power, by some means, to have prevented it. 
And it was upon the presumption of your great interest in the 
British Court, that the House took the liberty of saying, that the 
love and concern you profess to have for the people of your pro- 
vince might have been powerful motives to your Excellency to 
have expressed your sentiments of the act early enough to those 
whose influence "brought it into being. But your Excellency has 
fully satisfied us with" regard to this matter, by intimating in your 
speech, " that you never had an opportunity to express such senti- 
ments ;" that it was a business belonging to a department, " with 
which you have not the honor to correspond, and in which you had . 
no pretence to interpose ;" and " that your sentiments delivered to 
his Majesty's ministers unasked," upon an affair, which most nearly 
affected the liberties of his subjects under your government, "'would 
be deemed an obtrusion." Upon all which, the House forbear to 
make any remarks ; and thank your Excellency for assuring us, 
that you have never neglected any opportunity of serving the pro- 
vince in those offices, to which you have a right to apply. 

You are pleased to remind us of the frequent instances, in our 
registers, of tlie approbation of your administration. Your Excel- 
lency will allow them to be testimonies of the justice of this people 
and of their good disposition towards you. We wish you were at 
liberty to make public your execution of that commission, which 
your Excellency mentions, wherein you were specially requested 
by a former House to be their advocate for particular purposes. 
For your Excellency may be assured that this House is at all 
times ready to acknowledge, with gratitude, the wisdom and fidel- 
ity of your administration, as well as any kind offices which you 



MASSACHUSETTS STATE PAPERS. 63 

are pleased to do the province in a more private manner, Avhen- 
ever you shall make us sensible of them. We shall always think 
the province happy in your real friendship, and should be very 
sorry, should you think it necessary " for the future to be cautious 
in the exercise of it." 

The pains which your Excellency mentions, as having been taken 
to disunite the General Court, have not been within our observa- 
tion. And you may rely upon it. that nothing on our part will be 
wanting to cultivate that harmony which is ever necessary, and es- 
pecially at this dangerous conjuncture, while your Excellency shall 
pursue such measures as shall be most conducive to the general 
welfare of the province. 

[This answer was reported by J. Otis. J. Bowers, S. Adams, 
Gen. Winslow, Capt. SheafFe, T. Gushing and Col. Gerrish.] 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OP 
REPRESENTATIVES, JANUARY 16, 1766. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 
You are met together at the usual time for opening the winter 
session : 1 have no immediate commands from his Majesty to pro- 
pose to you ; nor any thing of myself to recommend, but the dis- 
patch of the ordinary business of the session with all proper 
expedition. 

Whenever the time shall come when my service can be made 
acceptable to you, it will not be wanting. At present I have only 
to desire, that in framing such matters as must be sent up to me 
for my consent, you will duly consider the nature of my office and 
the obligations I am under not to dispense with the duties of it. 

FRA. BERNARD. 
Council Chamber, January 16, 1766. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE, JANUARY 16, 1766. 

May it please your Excellency, 

Having considered your speech at the opening of this session, 
the House of Representatives beg leave to say, that they have the 
utmost reason to confide in the paternal care of our most gracious 



64 MASSACHUSETTS STATE PAPEllS. 

Sovereign, who ever makes the happiness of all his subjects the 
great rule of his government. That, as it is their indispensable 
duty, so it is their fixed determination, in every part of their con- 
duct, to make the honor of his Majesty, and the welfare of his sub- 
jects of this province, the grand objects of their attention. That 
while they persevere in such steps, as have a manifest tendency to 
promote these most valuable purposes, they cannot possibly coun- 
teract the nature and design of your office, nor interfere with your 
obligations not to dispense with the duties of it ; and that they have 
therefore just reason to expect your countenance and consent 
when it shall be necessary. 

We thank you, sir, for the kind assurance you are pleased to 
give us, that '' whenever the time shall come when your service 
can be acceptable to us, it shall not be wanting ;" and we only 
add, that since his Majesty was pleased to honor you with the gov- 
ernment of this his province, we have never known the time when 
your Excellency's service would not have been very acceptable 
to us. 

[The committee were Mr. Otis, Mr. Dexter, Col. Bowers, Mr. 
Adams, Major Humphrey, Capt. Sheaflfe, and Mr. Gushing.] 



^^ REPORT 

OF THE HOUSE OF REPRESENTATIVES, ON GRIEVANCES, JANUARY 21, 1T66. 

The committee to whom was referred the examination into, and 
consideration of, the grievances the people of this province labor 
under, reported as follows, and desired leave to sit again. 

1. The Governor and Council printing the stamp act and the 
mutiny act, especially against the known sense of this House, who 
had refused to be at the expense of printing the stamp act, is a 
grievance. 

2. The printing acts of Parliament at any time at the expense 
of this province, and more especially when the sense of this House 
is known to be against it, as was the case in the late printing the 
stamp act, is bringing an unconstitutional expense on this people, 
and a grievance. 

3. The Governor's holding a private Council weekly without the 
warning for the general Council, required by charter, and with 
their advice exercising a legislative power, as has been of late fre- 
quently, particularly in taking upon them to regulate and stop the 
interest of the public securities, is a great grievance, and of very 
dangerous tendency. 

4. The shutting up the Courts of Justice in this province, par- 
' ticularly the superior court, which is not yet open, nor like to be 



■*-.^. 



MASSACHUSETTS STATE PAPERS. 65 

as we can leani, has a manifest tendency to dissolve the bonds of 
civil society ; is unjustifiable on the principles of law and reason, 
dangerous to his Majesty's Crown and dignity, and in disherison 
thereof, and an intolerable grievance on the subject, to be forth- 
with redressed. 



PROCEEDINGS 

6f the council an'd house of representatives, respecting 
sitting of courts, january and february, 1766. 

In the House of Representatives, October 26, 1765, ordered^ 
that the Speaker, (Mr. White,) Gen. Winslow, Mr. Gushing, Mn 
Adams, Mr. Gray, Col. Clap, Mr. Brown, and Capt. Sheaffe, 
with such as the Honorable Board sliall join, be a committee to 
consider and report some proper methods to prevent difficulties 
which may arise in the proceedings of courts of justice through 
the province, and any other matters. — In Council, read and concur- 
red ; and I. Erving, W. Brattle, Nathaniel Sparhawk, Harrison 
Gray, Thomas Flucker, and R. Tyler, are joined in the affair. 

October SOth. The committee of both Houses appointed the 
26th instant, to consider and report some proper methods to pre- 
vent the difficulties which may arise, reported the following re- 
solve : 

Whereas his Excellency the Governor has informed the two 
Houses, that A. Oliver, Esq. lately appointed to distribute the 
stamped papers within this province, has in manner and form de- 
clined the office, and his Excellency has also declared that he has 
no warrant, order or authority whatever to distribute the stamped 
papers, or to unpack the bales, or separate the parcels, or order 
any person whatever so to do. In consequence of which, his Ex- 
cellency further says, that he has, in pursuance of the advice of 
Council, ordered the stamped papers to be deposited at Castle 
William ; there to be preserved entiie and m ithout being unpacked 
for his Majesty's further orders ; and whereas the stamp act is 
looked upon, even by the most sensible and judicious persons in 
the colonies, to be so grievous and unconstitutional, as that it is not 
supposed, that any person will think it consistent with his own re- 
putation to act in said office. In order, therefore, to prevent the 
interruption of the courts of justice through the province, and 
many evils which may arise, unless such remedy is provided as the 
great necessity and importance of the case immediately requires ; 

Be it resolved, that the Justices of the Superior Court, the Jus- 
tices of the Courts of Common Pleas for the respective counties, 
Judges of Probate, Clerks of all Courts, Registers of Deeds and of 
Probate; Sheriffs, Coroners, and all others, who by said act are re- 
9 



66 MASSACHUSETTS STATE PAPERS. 

quired to make use of stamped papers, be, and they are hereby 
ordered and directed to proceed in the same manner in the execu- 
tion of their respective offices, as if the said act had never passed ; 
and all papers whatever, which are subject to be stamped by said 
act shall, without the stamp, be deemed valid, during this emer- 
gency. In Council read and sent down. 

In the House of Representatives, read and ordered that this re- 
port be recommitted ; and that the committee be directed to sit 
forthwith. 

In the House of Representatives, January 23, 1766 : Resolved, 
that the shutting up of the Courts of Justice in this province, par- 
ticularly the Superior Court, has a manifest tendency to dissolve 
the bonds of civil society, is unjustifiable on the principles of law 
and reason, and dangerous to his Majesty's Crown and dignity, a, 
very great grievance on the subject that requires immediate re- 
dress ; and that, therefore, the Judges and Justices and all other 
public officers in tliis province, ought to proceed in the discharge of 
their several functions as usual. 

In Council, January 30 : Resolved, that the vote of the House 
of Representatives of the 23d instant, relative to the opening of 
the several Courts of the province, be further referred for consid- 
eration — and that it be recommended to the Justices of the Supe- 
rior Court of Judicature to meet together as soon as may be, and 
determine whether they will open the said Court at the next term 
and proceed upon the trial of civil actions, and all other business as 
usual, or not ; and that they communicate such their determination 
to this Board — and the Secretary is directed to write to each of 
said Judges immediately by express, and enclose to each a copy of 
this resolve. 

. In the House of Representatives, February 14, 1766 : Resolved, 
that the shutting up of the Courts of Justice in this province, par- 
ticularly the Superior Court, has a manifest tendency to dissolve 
the bonds of civil society, is unjustifiable on the principles of law 
and reason, and dangerous to his Majesty's Crown and dignity, a 
very great grievance on the subject that requires immediate re- 
dress. And that, therefore, the Judges and Justices and all other 
public officers in this province, ought to proceed in the discharge of 
their several functions as usual. 

In Council, read and non-concurred ; and ordered, that the grounds 
ot the Board's proceeding herein, be subjoined as follows : — The 
Board are sensible, that the sliutting of the Courts of Justice in 
this province, would be attended with fatal consequences, as the 
Honorable House are ; but on the Board's recommending it to the 
Justices of the Superior Court to consider and determine whether 
they would, at the next term, proceed to try civil actions, and do 
other business as usual, the Justices took the matter into considera- 
tion, and returned their ansM'er thereon in writing to the Board ; 
by M'hich answer, and the verbal declaration since made by some 



MASSACHUSETTS STATE PAPERS. 67 

of the Justices, the Board are fully satisfied, that the Superior 
Court will, at the next term, be open and proceed as usual to do 
business. And the Board are, from other evidence, likewise satis- 
fied, that the other Courts will, at their respective terms, be open 
and proceed to business as usual. 



Extract of a letter from W. Bollan, Esquire, ^gent for the "pro- 
vince, in England, to the Secretary, dated April 30, 176G. 

SIR, 

My time, since the receipt of your last letter, as well as some 
months before, having been employed in strenuous endeavors to 
promote directly or indirectly the province service, every possible 
mean of advancing the public welfare in those, so difficult times, 
being very desirable, T hope the General Court will pardon my not 
answering it sooner. Prejudice, the powerful enemy of truth and 
justice, preventing, in a great measure, in my opinion, a true sense 
of your just constitutional rights taking place; for this, and other 
reasons, in order to its extirpation, or a diminution of its force, I 
attempted, in a public essay, to expose the malignity of its nature, 
at the same time endeavoring to strengthen and secure that freedom 
of speech and writing upon public affairs, which have, in times past, 
been so severely restrained, and which is so necessary to the de- 
fence of your rights and interests, which in some respects will ever 
be best defended here, when the advocate for them, who spares no 
pains or expense, may not only consult and use the records of the 
kingdom relative to the foundation of the colonies, or that of the 
state whereof they are members ; but likewise being provided with 
proper preparatory knowledge, may be ready effectually to support 
his owii propositions against all objections, and refute the many er- 
roneous notions which are from time to time advanced to your pre- 
judice ; apprehending, that, sooner or later, attempts might be 
made to take away the necessary freedom. But, indeed, not ex- 
pecting that any of our politicians would so soon endeavor to sub- 
ject persons, in any case, to the pains and penalties of a praemunire 
for their use of this freedom in behalf of the colonies. And offences 
relative to the interior transactions of the colonies, respecting their 
lands, monies, goods, and domestic concerns, having been made cog- 
nizable in the court of admiralty, which proceeds according to the 
civil law, I set forth, in part, the introduction and nature thereof, 
together with the great mischiefs and dangers that have ensued on 
taking away trials by juries, with the severities of the Court of Star 
Chamber, and other arbitrary proceedings ; for the avoidance whereof 
your ancestors settled New England. My original plan was so 
large, and in point of execution so difficult, in many particulars, 



■'4^ 



68 MASSACHtJSETTS STATE PAPERS. 

that though I pursued it with diligence, it was impossible to execute 
it withia the desirable season, in its full extent, and I was extremely 
hurried in despatching the last and most important part which relates 
to the nature and rights of the colonies, and their firm, proper and 
perpetual union with their mother country, which I have ever had 
much at heart ; together with matters preparatory to the repeal of 
the stamp act. After having, I beliere, examined all the records in 
the kingdom which relate to the settlement of America, by various 
searches at the tower, and the offices wherein the Parliament rolls 
are kept, three records, mentioned in my essay, were found, whereof 
two relate to Calais. The act which provided for its sending mem- 
bers to Parliament, and which contains a very great variety of reg- 
ulations for that place, remain in the office at Westminster ; and 
the writ that issued thereupon remains in the tower, as well as the 
ordinance of Edward I. This act, I believe, was never published. 
On the publication of this essay, several judicious persons, friends 
of the colonies, some of whom were men of consequence, being of 
opinion that publishing immediately a proper number of copies of 
such part as related directly to the colonies would be serviceable, 
I thereupon got five hundred copies despatched, which were chiefly 
given to the members at the doors of the House of Commons and 
House of Lords, the remainder being given to other persons. And 
during the violence of those contests which took place pending the 
repeal of the stamp act, when it was believed by intelligent per- 
sons, that the ministry would be changed, and a persuasion pre- 
vailed, that this act would consequently be enforced, I directly 
wrote a more spirited piece, touching trial by juries, and other in- 
teresting points, which had the approbation of an able judge, one 
of the principal friends and promoters of the repeal, as well as 
others. But the ministerial revolution, which was so much feared, 
not taking place, and matters taking a desirable turn, he thought it 
advisable not to publish it ; and not to mention other particulars, 
I have since done every thing which lay in my power for the service 
of the province, 



Extract of a letter from Secretari/ Conzoay to Governor Bernard^ 
dated October 'iA^ 1765, and by the Governor communicated to 
the House of Representatives^ January 22, 1766- 

It is with the greatest concern his Majesty learns the disturb- 
ances which have lately arisen in j'our province ; the general con- 
fusion that seems to reign there ; and the total languor and want of 
energy in your government to exert itself with any dignity or effi- 
eac}^, for the suppression of tumults, which seem to strike at the 
rery being of all authority and subordination amongst you. 



MASSACHUSETTS STATE PAPERS. G9 

Nothing can certainly exceed the ill advised and intemperate con- 
duct held by a party in your province, which can in no way con- 
tribute to the removal of any real grievance they might labor under, 
but may tend to impede and obstruct the exercise of his Majesty's 
benevolent attention to the ease and comfort, as well as to the wel- 
fare of all his people. 

It is hoped and expected, that this want of confidence in the jus- 
tice and tenderness of the mother country, and this open resistance 
to its authority, can only have found place among the lower and 
more ignorant of the people. The better and wiser part of the col- 
onies will know that decency and submission may prevail, not only 
to redress grievances, but to obtain grace and favor, while the out- 
rage of a public violence can expect nothing but severity and chas- 
tisement. 

These sentiments you, and all his Majesty's servants, from a sense 
of your duty to, and love of your country, will endeavor to excite 
and encourage. You will, in the strongest colors, represent to 
them the dreadful consequences that must inevitably attend the 
forcible and violent resistance to acts of the British Parliament, 
and the scene of misery and distraction to both countries, insepara- 
ble from such a conduct. 

For, however unwillingly his Majesty may consent to the exer- 
tion of such powers as may endanger the safety of a single subject, 
yet can he not permit his own dignity, and the authority of the 
British legislature, to be trampled on by force and violence, and in 
avowed contempt of all order, duty and decorum. 

If the subject is aggrieved, he knows in what manner legally and 
constitutionally to apply for relief; but it is not suitable either to 
the safety or dignity of the British empire, that any individuals, un- 
der the pretence of redressing grievances, should presume to violate 
the public peace. 



Extracts from letters written by R. Jackson, Esq. Jigent for the 
Colony, in England, to Governor Bernard, dated jyovember and 
December, 1765, February and March, 1766. 

[Though these are not precisely some of the papers promised in 
the title page, as they discover the views and opinions of men in 
power in England, it was thought proper to insert them here.] 

"NOVEMBER 8, 1765. 

" I CONFESS I cannot foresee what government tvill do here, 
but am informed they are determined to support the stamp act, and 
not to give way to its repeal. Hew far they may be right in this, 



■<p";#'#^ 



IT 



70 MASSACHUSETTS STATE PAPERS. 

I dare nofcjudge yet ; but I am sure great moderation and temper, 
and even some strong proofs of regard are necessary, to conciliate 
the affections of the Americans, which I find are universally tainted. 
It is impossible to excuse the lower class in America, or the indis- 
cretion of those Avho set them on, even for a man who has American 
affections only ; for this indiscretion and extravagance, cannot but be 
highly prejudicial to America. At the same time I shall always con- 
demn and lament the conduct of those in Great Britain, who by 
their stations and interest in the welfare of the British empire, 
should neither have wanted wisdom to direct them, nor anxious 
concern to have disposed them to have listened to it. I heartily 
disapproved of the stamp act before it passed : I voted against it, 
and doubt not I shall vote for the repeal. I know your sentiments 
were the same as mine on this subject, as well as those of Lieu- 
tenant Governor Hutchinson, however the misguided rabble have 
chose him as an object of their resentment. What will be the 
consequences of the misconduct on both sides the water, I cannot 
foresee : I assure you I have no greater hopes than from the very 
wise speech you have left the country to meditate on. 

" When I began this, and when I wrote by the packet, I was in- 
clined to think there was no chance of the repeal of the stamp 
act ; I well knew that many men, who are among the most neces- 
sary to the new administration, were always the strongest advocates 
for this tax, and indeed for taxes in general in America ; and I had 
pretty good intelligence, that there was a resolution to carry it 
through. I believe long before you receive this, you will have had 
some proofs of it from this side the water ; yet the day after I 
wrote my last letter, I collected from conversation I had with sev- 
eral persons (some of whom may be said to have a share in the ad- 
ministration, and others I know have a great portion of the confi- 
dence of those who have,) that if any reasonable and moderate 
conduct of the colonies give us an opportunity of decently step- 
ping back, we shall probably repeal the act. I confess when I see 
what has happened here, already, and in America, I am in the ut- 
most anxiety about the event, and am little relieved by the assur- 
ances I speak of." 

"NOVEMBER 9, 1765. 

'' I cannot express my concern for what has happened in Amer- 
ica ; God knows what the consequences will be ; lUre I am that 
the conduct of the Americans will weaken the power of friends here 
to serve them. I wish the leading men knew a little more of this 
country ; no man in England is more disposed to serve them than 
myself. I sincerely think that in serving them, I serve the interests 
of the whole British empire. I shall heartily contribute all that 
lies in my power to bring about a repeal of the stamp act ; I sin- 
cerely think, that whatever be the power of Parliament, in discre- 
tion, it outfit not to exercise that povcer^ in laying taxes on America^ 



MASSACHUSETTS STATE PAPERS. 71 

while it has no share in the election of the members of the House 
of Commons ; yet I cannot think that resistance to an act of the 
British Legislature is justifiable on any principle that will not over- 
turn any government in the world. ' 

<' Nothing can be more unjust than the treatment of the worthy 
and unfortunate Lieutenant Governor, nothing can be a greater proof 
of the blindness of the rabble. I know that he has urged the 
weightiest arguments against the obnoxious acts, and that they have 
been used at home from his materials.'* 

" NOVEMBER 26, 1765. 
*' I cannot yet guess what are the intentions of administration 
on the subject of America ; I have received encouragement to hope 
the best, not from ministers, but from some closely connected with 
them. My own conduct has been, and will continue uniformly the 
same ; I shall always oppose Parliamentary taxes in America, and 
wish to see Parliaments seldom interfere in American affairs. If 
they are to do it, I shall dread the worst, unless Amerita has a 
choice of members given her. At all events, I think acts of the 
Legislature are to be obeyed. I should be glad to hear some good 
news from New York, such as may found the most favorable reso- 
lutions for America." 

"DECEMBER 26, 1765. 

'' I am unwilling to let slip any opportunity of writing to you, 
though I know of little new since I wrote last, for ministry wear 
the same appearances it did then. Upon the two divisions we have 
had in the House of Commons, and one in the House of Lords, they 
have carried every thing before them. For my own part, though I 
have nothing to expect from them, and indeed want nothing, I 
heartily wish them continuance of power, that nothing may retard 
the wished for measures in American affairs." 

"FEBRUARY 16, 1766. 

^^ Wliat will become of the stamp art, I dare not guess ; no 
labor of mine has been spared to obtain its repeal ; which is how- 
ever strongly opposed, and at present by an apparent majority in the 
House of Lords, as far as one can apply that majority to the stamp 
act. For we have yet come to no resolution on that subject in our 
House ; we have been perusing letters, public papers, and examin- 
ing witnesses, and now and then debating a little for near three 
weeks, besides coming to some resolution on the right of Parliament. 
Your public letters have justly done you great honor in both, espe- 
cially our House. I think there can be no objection to my saying, 
(as I intend to do when the debate on the bill comes on) that I 
know both you and Mr. Hutchinson's opinion, were against passing 



tM KlASSACHUSETTS STATE PAPERS, 

the bill ; though you have both so well done your duty in supporting 
itj as far as in your power." 

"march 3, 1766. 
"I cannot let this vessel sail without acquainting you that the 
stamp act is probably on the point of being repealed ; since we have 
ventured to conclude that the House of Lords will hardly throw out 
the bill. The repeal, however, could not have been obtained with- 
out another act for declaring the right of Parliament to bind the 
colonies by laws in all cases whatsoever ; which will probably as 
little prejudice them, as the power we claim in Ireland, the manner 
of exercising which you are acquainted with. 

" The carrying the repeal of the stamp act is miraculous. I say 
not this to get any credit for myself. I have in truth done all in my 
power, but this is very little indeed ; though I have never been a 
' minute out of the House of Commons for above six weeks whilst it 
has been on, often till ten at night, not seldom till three in the 
morning. This I should have done, had I been agent to no province 
or colony in America." 

"march 15, 1766. 
^' I have the pleasure to inform you, that you have great credit 
here ; and that there can be no difficulty in your obtaining a con- 
firmation of Mount Desert in any form. I shall forthwith concert 
measures with Mr. J. Pownall for that purpose. The confirmation 
of the other grants has been postponed at the earnest desire of the 
Lords of Trade, who are overwhelmed with other business, as well 
as attendance on Parliament ; but I have promises that they may 
pass at or soon after Easter. 

" I say you are in great credit here ; because you are always 
mentioned with great respect in both Houses of Parliament, and 
from thence, elsewhere ; not but some reports have been spread to 
your disadvantage ; particularly^ that you might at the beginning^ 
by acting with vigor, have nipped the spirit oj sedition in the bud ; 
though they acknowledge it was impracticable after the first day. I 
mention this to you, because it may be of service to you to know 
it ; though hardly worth your while to attempt to refute it, as it 
seems almost forgot, or at least drowned in the general approbation 
your conduct, sentiments, and opinion have found here. ^ 

1 sincerely believe the moderation and good sense of your letters, 
as well as your express opinion have contributed much to the repeal 
of the stamp act ; as well as to the ease we expect on the head of 
molasses and foreign sugar ; the duty on the former will be reduced 
I believe to one penny ; and though the duty on the latter cannot 
be brought to a reduction, the warehousing it will be permitted in 
Order to bring it to an European market. 

" With regard to the stamp act, it will probably be repealed on 
Monday or Tuesday, in the House of Lords ; where there has been 



MASSACHUSETTS STATE PAPERS^ 73 

a strong opposition, and where there will be another debate. This 
opposition has been chiefly built on the resistance of the Americans 
to the authority of Parliament ; on the principles this resistance has 
been supposed to be founded ; and on the expectation of future 
resistance to acts of all sorts on these principles. 

" In the course of the debates in both Houses^ it has appeared 
that it never was the practice of England to lay internal taxes on 
her dominions, that were not represented ; or that if this practice 
ever was occasionally varied from, it was always complained of ; 
and the practice either dropped, or a representation called to sit in 
Parliament soon after. I endeavored to shew in the House of 
Commons, that in all ages and nations a difference has been made 
and felt, (though, perhaps not distinguished by a line,) between ex- 
ternal and internal taxes, as well as between all taxation and gen- 
eral legislation. In all times laws have been made affecting all the 
English dominions ; sometimes external taxes imposed by a repre- 
sentation not general. In England itself, laws have been continual- 
ly (down to the civil wars) enacted by proclamation, and external 
taxes levied without consent of Parliament ; but though these have 
been occasionally condemned and questioned in the reign of James I. 
and Charles I., they never were before, unless it were by being 
granted by Parliament, after they had some time been levied for 
years without grant. Whereas the statute book abounds with judg- 
ments of the Parliament, that internal taxes ought not to be levied 
without consent of Parliament, that is, the representation of that 
part of the kingdom that paid, for the others were not taxed ; though 
being excepted, it looks as if the Parliament thought they would 
have been charged by general words. 

" I hope all difficulties arising from the stamp act will be soon re- 
moved ; it was, I think, in effect, repealed in the House of Lords yes- 
terday ; for on a division upon the second reading, the majority, 
Lords and Proxies, was thirty -four. I assure you, your opinion has 
much contributed to this, and that opinion has received weight from 
all your letters read in both Houses of Parliament. The present 
ministry and their friends have to a degree made themselves respon- 
sible for the future conduct of the Americans, who would certainly 
be guilty of the basest ingratitude, if they should abuse the confi- 
dence put in them by their friends, after those who they deem their 
enemies, have built so much on the expectation that they will. But 
I hope this will not be so," 
10 



74 MASSACHUSETTS STATE PAPERS. 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTA- 
TIVES, MAY 29, 1766. 

Gentlemen of the Council, and 

Gentlemen of tfie House of Representatives, 

I HAVE great pleasure in being able to open this General Court 
with congratulating you upon the repeal of the stamp act. When 
I consider tlie difficulties, with which this business has labored, 
and the causes from whence they arose ; when I look back upon 
the dangers which this people have so narrowly escaped, I cannot 
but earnestly wish, that a proper improvement may be made of 
this happy event, so as to restore this province to the public repu- 
tation, and the domestic peace, which it happily enjoyed before 
the late distractions. 

In times of public calamity, it is not unusual for private inter- 
ests and resentments to intermix themselves with popular discon- 
tent, and execute their purposes under the borrowed mask of 
patriotic zeal. This has been the prim|ary cause of that unlimited 
abuse which has been cast upon the most respectable characters in 
this province ; at a time when integrity and ability should rather 
have been solicited to the aid of the people, than deterred from 
serving them. Of this I have no little experience myself; but it 
has not abated my concern for the welfare of the conntry, nor 
prevented my endeavors to promote it. 

To such a degree of injustice has the late infatuation been car- 
ried, that the principal object of the fury of the people, was a 
gentleman to whom they were most highly indebted for his servi- 
ces in the very cause for which they rose against him.* And it is 
remarkable that those persons, who framed and conducted the 
only American petition, which was read and well received in 
Parliament, and was of real use in procuring the repeal, have been 
proscribed by the invidious name of friends to the stamp act ; 
when in truth such a character did not exist in the province, 
unless it was in the persons of the accusers themselves, whose 
violent and precipitate measures created all those difficulties, 
which the united eftbrts of every friend of America, in every rank 
and station, were but just able to surmount. 

It were to be wished, that a veil could be drawn over the late 
disgraceful scenes. But thatxannot be done, till a better temper 
and understanding shall prevail in general, than seems to be at 
present, if we can judge from some proceedings, which I fear, 
when known at home, will afford matter of triumph to those who 
were for maintaining the stamp act ; and sorrow and concern to 

* Lieutenant Govenior Hutchinson, no doubt. 



MASSACHUSETTS STATE PAPERS. 75 

those who procured its repeal. But the inflummation of this coun- 
try has been a grand object with some persons, and neither the 
indulgence of Parliament, nor the moderation of government, nor 
the exigency of the times, have as yet been able to put a stop to 
that pursuit. 

However, I have given my testimony against these proceedings, 
in a manner very disagreeable to me, and very contrary to my 
disposition. Whilst the business of the General Court was car- 
ried on in good humor and with good understanding, I have been 
unwilling to interrupt the general harmony by too great an atten- 
tion to my own sentiments, and have frequently given up my opin- 
ion to what has in any degree appeared to be the voice of the 
people. Every person who hears me, can, more or less, give testi- 
mony of the mildness and moderation of my administration; how 
much I have endeavored to remove and prevent distinctions of 
men and divisions of parties ; and how little I have interposed my 
judgment against tlie sense of the councils over which I have pre- 
sided.^^ 

But when the government is attacked in form; when there is a 
profest intention to deprive it of its best and most able servants, 
whose only crime is their fidelity to the Crown,* I cannot be indif- 
ferent ; but find myself obliged to exercise every legal and consti- 
tutional power to maintain the King's authority against this ill 
judged and ill timed oppugnation of it. At the same time, I 
publicly declare, that whenever an opportunity shall offer to 
restore to the provincial councils, that harmony and union which 
not long ago it was my pride to cultivate, I will embrace it most 
cordially ; and will use my utmost endeavors to heal the divisions 
and bury the animosities, which the late distractions have created. 
In the mean time, as I have appeared before the British Parlia- 
ment a true friend to the province, as well as a faithful servant to 
the Crown, I shall leave it to this good people to recognise me in 
that united character, at their own time and in their own manner. 

Gentlemen, 

I am in continual expectation to receive his Majesty's commands 
to lay before you matters of importance ; and whenever they shall 
arrive I shall be obliged to call you together again. I therefore 
think rt advisable to make this session as short as well. may be ; 
and recommend it to you, not to engage in any business, which 
does not require present despatch. The consideration of the 
terms upon which the stamp act has been repealed ; of the expec- 
tations of the Parliament, that the Americans will not abuse the 

• In electing Counsellors, the following gentlemen, ^^ho Iiad been of the Board for sev- 
eral years, were not chosen, viz. Tho. Hutchinson, A. Oliver, P. Oliver, and Edmund Trow- 
bridge. The Governor also gave a negatiTe to the election of J. Otis, as Speaker, and of 
Col. Otis, J. Gerrish, Tho. Saunders, J. Bowers, N. Sparhawk, and S. Dexter, who had bceji 
chosen Counsellors. 



76 MASSACHUSETTS STATE PAPERS. 

indulgencies granted them ; and of the assurances which tlie pro- 
moters of the repeal have publicly given, that it will be most grate- 
fully and humbly received, is a subject which I could well enlarge 
upon ; but I shall reserve it to another opportunity, when I shall 

frobably be assisted by special instructions for that purpose, and 
hope shall be able to speak to you with greater authority than my 
own. FRA. BERNARD. 

Council Chamber, May 29, 1766. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE FOREGOING SPEECH, 
JUNE 3, 1766. 

May it please your Excellency, 

The House of Representatives of this province, beg leave t« 
return to your Excellency our congratulations upon the repeal of 
the stamp act ; a most interesting and happy event, which has dif- 
fused a general joy among all his Majesty's loyal and faithful sub- 
jects throughout this extensive continent. 

This is a repeated and striking instance of our most gracious 
Sovereign's paternal regard for the happiness and welfare of all 
his subjects. We feel upon this occasion, the deepest sense of 
loyalty and gratitude. We are abundantly convinced that our 
legal and constitutional rights and liberties will always be safe 
under his propitious government. We esteem the relation we 
have ever stood in with Great Britain, the mother country, our 
happiness and security. We have reason to confide in the British 
Parliament, from this happy instance, that all his Majesty's faith- 
ful subjects, however remote, are the objects of their patronage 
and justice. 

When we reflect on the difficulties under which this important 
business labored, and the causes from whence they arose, we are 
truly astonished that they have been surmounted ; and we grate- 
fully resent the noble and generous efforts of those illustrious pat- 
riots who have distinguished themselves in our cause. Indeed, 
when we look back upon the many dangers from which our coun- 
try hath, even from its first settlement, been delivered, and the 
policy and power of those, who have to this day sought its ruin, 
we are sensibly struck with an admiration of Divine goodness, and 
would religiously regard the arm which has so often shielded us. 

Upon so joyful an occasion, we were in hopes your Excellency 
would have spread a veil over every disagreeable scene in the late 
times of public calamity ; but to our surprise and astonishment, 
we find your Excellency declaring in your speech, at the opening 



MASSACHUSETTS STATE PAPERS* 77 

of the General Court, that this cannot be done till a better temper 
and understanding shall prevail in general, than there seems to be 
at present. Though your Excellency has seen reason to form so 
unfavorable an opinion of the present times, we beg leave, with all 
humility, to ask, whether so great a liberality as you have shown, 
in your strictures upon them, has a tendency to make them better ? 
" Private interests and resentments," " popular discontent," 
" unlimited abuse on the most respectable eharacters." 'Fhese 
and such like expressions, run through a considerable part of your 
speech. We should have been glad if your Excellency liad given 
some intimation, at least, that you did not mean to cast reflections 
on either of the two Houses, to whom your speech was immedi- 
ately addressed. We have reason to fear, that whatever were your 
intentions, this construction will be put upon it by those who 
would be glad to improve the authority of your Excellency to our 
disadvantage. Upon this account, we find ourselves under a ne- 
cessity, explicitly to declare to your Excellency, that no private 
resentments of ours, have intermixed with popular discontent. 
We have no interest detached from, or inconsistent with, the 
common good ; we are far from having any " ill purposes" to ex- 
ecute, much less under the " borrowed mask of patriotic zeal," or 
any other hypocritical disguise. It has ever been our pride to cul- 
tivate harmony and union, upon the principles of liberty and vir- 
tue, among the several branches of the legislature, and a due respect 
and reverence for his Majesty's representative in the province. 
We have endeavored to solicit integrity and ability to the aid of 
the people, and are very sorry if gentlemen of character have, by 
any means, been deterred from serving their country, especially 
in time of danger, when the eyes of all might have been upon them 
for deliverance. At such a time, for true patriots to be silent, is 
dangerous. Your Excellency tells us of an unlimited abuse which 
has been cast upon the most respectable characters, of which you 
have had no little experience yourself ; but you assure us that it 
has not abated your concern for the welfare of the country, nor 
prevented your endeavors to promote it. We thank your Excel- 
lency ; and upon this assurance we have reason to hope you have 
employed your influence in behalf of this people, at a time when 
they so much stood in need of it, in representing their behavior, in 
general, in the most candid and favorable view. In this light his 
Majesty, his Ministry and Parliament, have been desirous of view- 
ing it, and when this good people shall find that your Excellency 
has served them in so essential a point, they will, we are sure, be 
ready " to recognize you in the united character of a true friend 
to the province, and a faithful servant of the Crown." 

But, may it please your Excellency, we cannot forbear observ- 
iug, that when you are speaking, as we conceive, of the injustice 
done his Honor the Lieutenant Governor, the last year, your man- 
ner of expression would lead a stranger to think that so horrid an 



78 MASSACHUSETTS STATE PAPERS. 

act of villany was perpetrated, by the body of this people'. The 
infatuation, you tell us, " has been carried to such a degree of in- 
justice, that the principal object of the fury of the people, was a 
gentleman to whom they were most highly indebted for his sei-vices 
in the very cause for which they rose against him. Your Excel- 
lency, no doubt, means that the whole people, and not a part only, 
were most highly indebted to this gentleman for his services, and 
that the particular cause in which he had been engaged, concerned 
them all ; and yet, so infatuated have the body of the people been, 
that they even rose against this very gentleman, and made him the 
object of their fury ! Is not this the natural meaning of your words ? 
And will it not, sir, afford matter of triumph to the unrelenting 
enemies of this province, to hear the Govei'/ior himself declaring 
that this was the " prevailing temper of the people ;" that such 
was their " violent and precipitate measures," and that a veil can- 
not, even now, be drawn over so " disgraceful a scene," because 
tlie same temper among the people in general still prevails. There 
may, sir, be a general popular discontent upon good grounds. The 
people may sometimes have just reason to complain ; your Excel- 
lency must be sensible, that in such a circumstance, evil minded 
pei^ons may take the advantage, and rise in tumult. This has 
been too common in the best regulated and best disposed cities in 
Europe. Under cover of the night a few villains may do much 
mischief. And such, sir, was the case here ; but the virtue of the 
people themselves finally suppressed the mob ; and we have rea- 
son to believe, that the unaffected concern which they discover at 
so tragical a scene, their united detestation of it, their spirited 
measures to prevent further disorders, and other circumstances 
well known to the honorable gentleman himself, have fully satisfied 
him, that such an imputation was without reason. But for many 
months past there has been an undisturbed tranquillity in general, 
in this province, and for tlie greater part of the time, merely from 
a sense of good order in the people, while they have been in a 
great measure deprived of the public tribunals, and the adminis- 
tration of justice, and so far thrown into a state of nature.* 

We are at a loss to conceive your Excellency's \neaning, when 
you allude to some proceedings which " when known at home you 
fear will afford matter of triumph to those who were for maintain- 
ing the stamp act, and sorrow and concern to those who procure 
its repeal ;" and when you tell us that " the inflammation of the 
country has been a grand object with some persons," we cannot 
suppose your Excellency would make a public declaration of a 
matter of such importance without good grounds. An attempt to 
inflame a country is a crime of very dark complexion. You tell 
us that a stop has not yet been put to that pursuit ; we hope you 

• The coiirts had been suspended for some months. See proceedings on that subject, page 
65 of tliis voluiiif . 



MASSACHUSETTS STATE PAPERS. 79 

have taken every prudent and legal step in your own department 
to prevent it. Permit us however, to say, that it is possible you 
may have been misinformed, by persons not well affected to 
this people, and who would be glad to have it thought that we were 
turbulent and factious, and perpetually murmuring, even after 
every cause of complaint is removed. Such characters may still 
exist in the persons of some who have taken all occasions from the 
just resentment of the people, to lepresent them as inflammatory, 
disaffected and disloyal. Should there be any persons so aban- 
doned, as to make it the object of their policy, to inflame the 
minds of the people against a wise, a good, a " mild and moderate 
administration," they may be assured of the severest censures of 
tliis House as soon as they are known. 

But the manner in which you are pleased to explain the grounds 
of your testimony against the elections of the present year, seems 
to imply that it is your opinion that the two Houses have been so 
far influenced by an inflammatory spirit in particular persons, as 
even to make an attack upon the government in form. The two 
Houses proceeded in these elections with perfect good humor and 
good understanding ; and as no other business had been transacted 
•■vhen we were favored with your speech, it is astonishing to us, 
that you should think this a time to " interrupt the general har- 
mony." We are wholly at a loss to conceive now a full, free and 
fair election can be called *' an attack upon the government in 
form," " a professed intention to deprive it of its best and most 
able servants," " an ill-judged and ill timed oppugnation of the 
King's authority." These, may it please your Excellency, are high 
and grievous charges against the two Houses, and such as we hum- 
bly conceive, no crowned head since the revolution has thought fit 
to bring against two Houses of Parliament. It seems to us to be 
little short, if any thing, of a direct impeachment of the two 
Houses of high treason. Oppugnation of the King's authority is 
but a learned mode of expression, which reduced to plain English, 
is fighting against the King's most excellent Majesty. But what, 
sir, is the oppugnation which we have been guilty of ^ We were 
summoned and convened here to give our free suffrages at the gen- 
eral election, directed to be annually made by the royal charter. 
We have given our suffrages according to the dictates of our con- 
sciences, and the best light of our understanding. It was certainly 
our right to choose, and as clearly a constitutional power in your 
Excellency to disapprove, without assigning a reason either before 
or after your dissent. Your Excellency has thought proper to dis- ■ 
approve of some. We are far even from suggesting that tlie coun- 
try has by this means been deprived of its best and ablest servants. 
We have released those of the Judges of the Superior Court who 
had the honor of a seat at the Board, from the cares and perplexi- 
ties of politics, and given them opportunity to make still farther 
advances in the knowledge of the law. and to administer right and 



80 MASSACHUSETTS STATE PAPERS. 

justice within this jurisdiction. We have also left other gentle- 
men more at leisure to discharge the duties and functions of their 
important offices. This surely is not to deprive the government 
of its best and ablest servants, nor can it be called an oppugnation 
of any thing, but a dangerous union of legislative and executive 
power in the same persons ; a grievance long complained of by 
our constituents, and the redress of which some of us had special 
instruction, to endeavor at this very election to obtain. 

Your Excellency is pleased to say, that only one of all the 
American petitions " was well received and of real use in produc- 
ing the repeal ;" that petition was forwarded from this province 
in season, to be presented to the Parliament, before the stamp act 
was passed ; by whose influence the presentation of it was so 
long delayed by Mr. Agent Jackson, and omitted through that 
whole session of parliament, it is needless for us at present to in- 
quire. If it was so well received, as your Excellency tells us it 
was, and of real use in procuring the repeal, there is reason to 
think it might have had its designed effect to prevent the passing 
that act, and saved this continent from that distress and confusion 
in which it has been involved. But your Excellency is under a 
mistake, in supposing that this petition, alone, was well received 
and of real use. Those from the late general congress, we are in- 
formed by our agent Mr. Deberdt, were early laid before the Min- 
istry, and were well received by them. He tells us, that Mr. Sec- 
retary Conway kindly undertook to present that, which was pre- 
pared for his Majesty ; and as the royal ear is always open to the 
distresses of his people, we have not the least reason to doubt but 
that so united a supplication of his American subjects was gra- 
ciously considered by him ; and with regard to those to the two 
Houses of Parliament, one of them at least we know was highly 
approved of by the chairman of the committee for American affairs, 
was read in the House of Commons, and supported by Mr. Pitt 5 
it was never rejected, and we cannot suppose it failed of due at- 
tention merely for want of form. In truth sir, we look back with 
the utmost pleasure upon the wisdom of the last House of Repre- 
sentatives, in proposing such a union of the colonies ; and although 
some have taken great pains to lessen the weight and importance 
of the late congress in the minds of the people, we have the 
strongest reason to believe that their firm and prudent measures 
had a very great influence in procuring this happy repeal. 

You are pleased to make a declaration that " whenever an op- 
portunity shall offer to restore harmony and union to the provincial 
councils, you will most cordially embrace it." The time, sir, is 
already come ; never was there so happy a juncture, in which to 
accomplish so desirable an end ; and it will be the pride of tliis 
House to improve it ; with this disposition we come together. If 
any expression or sentiment in yonr speech should have a contrary 
effect, as it will so far deieat our honest intention, it will fill us 



MASSACHUSETTS STATE PAPERS. 81 

with real concei-n. Permit us also to say, that it will disappoint 
the expectations of his Majesty and the Parliament in repealing 
the stamp act ; for it is most reasonable in them to expect tliat the 
restoration of the colonies to domestic peace and tranquillity will 
be the happy effect of the establishment of their just rights and 
liberties. 

When your Excellency shall " be assisted by special instruc- 
tion, and speak to us with greater authority than your own," we 
shall be all attention ; being assured, from past experience, that 
every thing coming from his Majesty will be full of grace and 
truth. 

[This answer was prepared by T. Cushing, (the Speaker,) J. 
Otis, S. Adams, Col. O. Partridge, Maj. Hawley, Mr. Saunders, 
and Mr. Dexter.] 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, JUNE 3, 1766. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I HAVE received a letter from the right honorable Mr. Secre- 
tary Conway, enclosing two acts of Parliament ; one for securing 
the dependency of the colonies on the mother country, and the 
other for the repeal of the stamp act. At the same time he is pleas- 
ed to signify what his Majesty and his Parliament expect from the 
colonies, in return for the indulgence shewn them. I am also or- 
dered to recommend to you, that full and ample compensation be 
made to the late sufferers by the madness of the people ; and for 
that purpose I am directed to lay before you the votes of the House 
of Commons, expressing their sense upon that subject ; whose hu- 
manity and justice, it is hoped, it will be your glory to imitate. The 
whole of this letter is conceived in such strong, patriotic and con- 
clusive terms, that I shall not weaken it by a representation of my 
own, other than this short capitulation necessary to introduce what 
I have to say on the subject. 

I cannot but lament, that this letter did not arrive before the 
meeting of the General Court. If it had, I flatter myself, it would 
have prevented a transaction, Avhich must now be regretted more 
than ever. I mean your excluding from the King's Council the 
principal Crown Officers ; men, not only respectable in themselves 
for their integrity, their abilities, and their fidelity to their country, 
as well as to their King ; but also quite necessary to the adminis- 
11 



82 MASSACHUSETTS STATE PAPERS. 

tration of government in the very station from whence you liave 
displaced them. By this you have anticipated the expectations of 
the King and Parliament, and disappointed them, before they have 
been communicated to you. It is not in your power, in so full a 
manner as will be expected, to shew your respectful gratitude 
to the mother country, or to make a dutiful and affectionate return 
to the indulgence of the King and Parliament. It must and will 
be understood, that these gentlemen are turned out for their defer- 
ence to acts of the British Legislature. Whilst this proceeding 
has its full effect, you will not, you cannot avoid being chargeable 
with unthankfulness and dissatisfaction on ground of former heat 
and prevailing prejudice. It is impossible to give any tolerable 
coloring to this proceeding. If it should be justified, by asserting 
a ri"-ht ; that it is a legal power to choose whom you please, with- 
out regard to any considerations whatever ; the justification itself 
will tend to impeach the right. But if your right is ever so abso- 
lute, the distinction between a right, and the propriety of exercis- 
ing it, is very obvious ; as this distinction has so lately been used 
Avith great effect to your own interest. Next to wishing, that this 
had never happened, it is to be wished, that some measures might 
be formed to draw a veil over it ; or at least to palliate it, and pre- 
vent its bad effects ; which surely must be very hurtful to this 
province, if it should be maintained and vindicated. If any expe- 
dients can be found out for this purpose, I will heartily concur in 
them ; and, in general, I will make the best use of all means, which 
vou shall put into my hands, to save the credit of the province upon 
this unhappy emergency ; and I will set off to the best advantage 
I can, all other methods which you shall take to demonstrate those 
sentiments which are expected from you in the most effectual 
manner. 

Gentlemen of the House of Representatives, 

The requisition contained in this letter is of a most singular na- 
ture ; and the only one of the kind which I have known since I 
have served his Majesty in America. It is founded upon a reso- 
lution of the House of Commons, formed after a full consideration 
of the matter, and represented to his Majesty by the address of 
that House. The justice and humanity of this requisition is so 
forcible, that it cannot be controverted. The authority, with which 
it is introduced, should preclude all disputation about complying 
with it. I hope, therefore, you will add to the merit of your com- 
pliance by the readiness of it, and assume to yourselves the honor 
which now offers itself, of setting the first example of gratitude 
and dutiful affection to the King and Parliament, by giving those 
|)roof9 of it, which are now pointed out to you. I must observe, 
that it is from the Provincial Assembly, that the King and Parlia- 
Uicnt expect this compensation should be made to the sufferers, ^lifl 



MASSACHUSETTS STATE PAPERS. 83 

without referring them to any other person whatever. AVlio ought 
finally to be charged with this expense, may be a proper considera- 
tion for you ; and I shall readily concur witli you in your resolu- 
tions thereon, after the sufferers have been fully satisfied. 

Gentlemen, 

Both the business and the time are most critical ; and let me 
intreat you to recollect yourselves, and consider well what you 
are about. When the fate of the province is put ..11 a scale, which 
is to rise or fall, according to your present conduct, will you suffer 
yourselves to be influenced by party animosities, or domestic feuds ? 
Shall this fine country be ruined, because every person in goveru- 
loent has not been gratified with honors or ofiice, according to the 
full of his pretensions ? Shall the private interests, passions or re- 
sentments of a few men, deprive this whole people of the great 
and manifold advantages, which the favor and indulgence of their 
Sovereign and his Parliament are even now providing for them ? 
There never was, at any time whatever, so fair a prospect of tlie 
improvement of the peace and welfare of this province, as is now 
opening to you. Will you suffer this pleasant view to be inter- 
cepted or overclouded by the ill humors of particulars ? When 
wealth and happiness are held out to you, will you refuse to ac- 
cept them ? Surely after his Majesty's commands are known, and 
tlie terms in which they are signified, well considered, the veiy 
persons who have created the prejudices and prepossessions, 
whiclv I now endeavor to combat, will be the first to remove them, 
and prevent their ill effects. 

It is now declared, that " such is the magnanimity of the King 
and his Parliament, that they seem disposed, not only to for- 
give, but to foi'get those unjustifiable marks of an undutiful dispo- 
sition too frequent in the late transactions of the colonies." It is 
my desire to render this grace as beneficial and extensive within this 
province as can well be made. But it must be expected that who- 
ever intends to take the benefit of it, should entitle themselves to 
it by a departure from that offensive conduct which is the object of 
it. Here, then, it will be necessary to draw a line, to distinguish 
who are, and who are not, the proper objects of the gracious inten- 
tion of the King and Parliament. And if, after this proffered 
grace, any person shall go beyond this line ; and still endeavor 
directly or indirectly to foment a division between Great Britain 
and her colonies, and prevent that connexion of policy and union of 
interests, M'hich are now in so fair a way of being established to 
perpetuity, surely that man will have much to answer for to both 
countries, and will probably be called to answer. 

But I hope it will not- be so, not in a single instance ; but that 
every person, even they who have given the greatest offence, will 
embrace this opportunity to restoi-e peace to their country, aftd 



84 MASSACHUSETTS STATE PAPERS. 

obtain indemnity foi* themselves. And all such who shall really 
desire to reconcile themselves to the King's government, either at 
home or here, may be assured, that without a future deliquency, 
every thing past will, as fast as can be, be buried in total oblivion. 
No one can suspect me of want of sincerity, in making this decla- 
ration ; as too ready a forgetfulness of injuries has been said to be 
my weakness. However, it is a failing, which I had rather suft'er 
by, than be without. 

I have spoken to you with sincerity, openness and earnestness, 
such as the inN,>ortance of the subject deserves. When the fate 
of the province seems to hang upon the result of your present de- 
liberations, my anxiety for the event, I hope, will make my warmth 
excusable. If 1 have let drop any w6rd, which may seem severe 
or unkind, let the cause I am engaged in, apologize for it ; and 
where the intention is upright, judge of what I say, not by detach- 
ed words or syllables, but by its general purport and meaning. I 
have always been desirous of cultivating a good understanding 
with you. And when I recollect the former happy times, when I 
scarce ever met the General Court, without giving and receiving 
testimonies of mutual approbation, I cannot but regret the inter- 
ruption of that pleasant intercourse, by the successful artifices of 
designing men, enemies to the country, as well as to me. But 
now, that my character for affection to the province, and attention 
to its interests, is confirmed by the most authentic testimonials, I 
hope that at the same time, you renew your duty to the King, you 
will resume a confidence in his representative. 

FRA. BERNARD. 



ANSWER 

OF THE COUNCIL TO THE GOVERNOR'S SPEECH, AT THE OPENING OF THE 
PRESENT SESSION, AND TO HIS SPEECH OF THE THIRD INSTANT, 

JUNE 7, 1766. 

May it please your Excellency, ^ 

The Board having taken into consideration your two speech- 
es, beg leave to return our warmest congratulations on the repeal 
of the stamp act ; an event that has created the greatest and most 
universal joy which was ever felt on the continent of America ; 
and which promises the most happy fruits to Great Britain, from 
the growing prospect and grateful affection of her colonies. Not 
insensible of the difficulties which have attended this important 
affair, and the dangers, which, not only this province, but all 



MASSACHUSETTS STATE PAPEHS, 85 

America have escaped, we assure your Excellency, that nothing 
shall be wanting- on our part, which may contribute towards a pro- 
per improvement of this happy event, and the promoting so desir- 
able an object as domestic peace. From such a disposition, we 
cannot but take notice, with regret, of any thing, which threatens 
to draw the least cloud over the present general joy. It is with 
pain we express our apprehension, that your Exceliency's speech 
may tend to lead some, who are not acquainted with the state of 
the province, to entertain such an opinion of the government, or 
the people, or both, as they do not deserve. When your Excel- 
lency is pleased to mention " inflammations, distractions, infatua- 
tions, and the fury of the people," you seem to refer to some 
enormities committed by unknown and abandoned persons, in a 
time of universal uneasiness and distress. But your Excellency 
cannot mean to impute these enormities, justly abhorred by all 
ranks among us, to the body of this people, or any branch of the 
governmentv. Detestable as they are, they can never lessen the 
reputation ofthis province ; nor doth it need a veil on this occa- 
sion. Villains are to be found in the best communities on earth ; 
and whatever excesses may have happened in America, under our 
late distressing apprehensions, the relief kindly granted us, demon- 
strates that our most gracious Sovereign, and the British Parlia- 
ment, knew how to distinguish the complaints and dutiful remon- 
strances of loyal subjects, who thought themselves aggrieved, from 
the violences of a profligate rabble. Notwithstanding the intima- 
tions dropped from your Excellency, we are sure no ill temper 
generally prevails among us ; nothing that can lead the Parlia- 
ment to repent its indulgence to us ; nothing that can afford just 
matter of triumph to those who were for maintaining the stamp 
act, nor of sorrow and concern to those who procured its repeal. 

Your Excellency is pleased further to say, " when the govern- 
ment is attacked in form, when there is a professed intention to 
deprive it of its best and most able servants, whose only crime is 
their fidelity to the Crown, I cannot be inditferent ; but find my- 
self obliged to exercise every legal and constitutional power to 
maintain the King's authority against this ill judged and ill timed 
oppugnation of it." Whatever might have been your Excellency's 
intention, this is, according to the more obvious meaning of your 
expressions, a heavy charge, in which no particular persons, or 
any order of men are specified, delivered in a speech to both 
Houses of Assembly, and which the world is left to place where it 
pleases. 

Your Excellency expressly says, there has been an attack upon 
government in form; and an ill judged and ill timed oppugnation 
of the King's authority. A regard to our own character, to truth 
and justice, and the reputation of the province, in which we have 
the honor to serve his Majesty, oblige us to speak upon this point 
ivith a freedom, in which we are far from meaning the least disre- 



86 MASSACHUSETTS STATE PAPERS. 

spect to your Excellency. Silence, upon such an occasion, would 
merit the imputation, which some may be ready, from your man- 
ner of expression, to lay upon us, and would prove us equaJly un- 
worthy of the choice which has been made of us, and your Excel- 
lency's approbation. Have, then, the people of this province been 
guilty of an attack upon government in form, or of any oppugnation 
of the King's authority ? We declare to your Excellency, we 
know of no such tiling. The people, ever loyal to the best of 
Sovereigns, and sensible of their felicity in connexion with, and 
subordination to, the mother country, have given new and unaf- 
fected testimony that these happy dispositions have increased in 
all orders, upon the indulgence granted to them. They have re- 
joiced, with the highest marks of honor and gratitude to the King, 
to both Houses of Parliament, and to our friends and patrons in 
Great Britain. They continually demonstrate a natural and warm 
aftection to the country from which they derive, and by which they 
have been protected and cherished. It has been no small addition 
to the joy of the wise and sober upon the late great occasion, that 
quite through the province good order and decorum have happily 
been preserved ; and it is to the honor of that gracious Prince, 
under whose government, all ranks among us account themselves 
happy. And we think it of peculiar importance, at the present 
season, to the people of this province, that they be viewed in this 
light. Your Excellency will, therefore, allow us to bear this pub- 
lic testimony ; a testimony which may perhaps appear the more 
disinterested, as it comes from those who are not their more im- 
mediate representatives. In the above cited passage, and in a 
great part of your speech, if your Excellency had a particular re- 
ference to the transaction of both Houses in the late election of 
, Counsellors, we beg leave to assure your Excellency, that we know 
of nothing done by the General Assembly on tliat day, which can, 
with any shadow of propriety, be deemed an attack upon govern- 
ment, or an oppugnation of the King's authority. Every part of 
the Legislature has acted in its proper place, and exerted those 
powers only with which they were entrusted by charter. No 
branch has usurped, or interfered with, the right of another. 
Diversity of sentiment respecting men and measures, and colli- 
sions of parties are common in all free governments. Some elec- 
tions have been made, which your Excellency Jias signified your 
disapprobation of; and it has had its effect. No one having called 
in question your right to negative such elections, or opposed you 
in tJie "exercise of this branch of your authority. It would be im- 
proper to deliver our opinion of the expediency of any instances 
in which your Excellency and the two Houses of Assembly have 
exerted the several powers which respectively belonged to each. 
But we are obliged to assert, that nothing has taken place but what 
has been constitutional and according to the charter. And we are 
persuaded your Excellency, upon reflection, will not think that an 



MASSACHUSETTS STATE PAPERS. 87' 

election duly made, though disagreeable to the chair, deserves to 
be called a formal attack upon government, or an oppugnation of 
the King's authority. And should any thing like this be ever at- 
tempted, your Excellency would find this Board zealous to defend 
our Sovereign's honor and the constitutional power of his represen- 
tative. We beg leave to assure your Excellency, that Ave shall 
heartily join with you in healing divisions and burying animosities, 
should they arise ; and that we shall cheerfully contribute all our 
power to the peace and honor of your administration. 

May it please your Excellency, 

The letter from the right honorable Mr. Secretary Conway, to 
your Excellency, accompanying your second speech from the chair, 
affords us a most agreeable occasion of repeatedly declaring the 
strong sentiments of respect and gratitude, with which we regard 
the lenity and tenderness already so remarkably manifested on 
the part of his Majesty and the Parliament, to the American colo- 
nies, and the prospect given us of some additional indulgencies ; 
for all which it will be our pleasure, as it must be our glory, to 
make the most dutiful and affectionate returns. These are the 
dispositions which have uniformly influenced this Board, before 
we saw this letter, so happily adapted to confirm us in them. And 
we beg leave to assure your Excellency, that from these disposi- 
tions we shall continue to act. 

There are several paragraphs in your Excellency's speeches, 
which have been construed to bear hard on the gentlemen, who 
now constitute the Board ; but your explanation of them in Coun- 
cil, and your repeated declarations, that you had no such intention, 
have given satisfaction to the Board. 

We again beg leave to assure your Excellency, that our best 
abilities shall be faithfully employed in promoting his Majesty's 
honor and interest, and in making every part of your administra- 
tion easy and happy ; and such testimonies of your conduct, as 
are contained in Mr. Secretary Conway's letter, will not suffer us 
to conclude, without recognizing your Excellency in the united 
character of a true friend to the province, and a faithful servant to 
the Crown. 

[The committee who reported the above, were W. Brattle, J. 
Bowdoin, H. Gray, N. Ropes, and R. Tyler ; and the committee 
who presented it, were W. Brattle. G. Bradford, T. Fhicker. J, 
Powell, and J. Pitts.1 



88 MASSACHUSETTS STATE PAPERS. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S SPEECH, 
JUNE S, 1766, 

May it please your Excellency^ 

The House have fully considered your Excellency's speech 
of the third instant, and beg leave to observe, that as on the one 
hand no consideration shall ever induce us to remit in the least our 
loyalty and gratitude to the best of Kings, so on the other, no un- 
provoked asperity of expression on the part of your Excellency 
can deter us from asserting our undoubted charter rights and pri- 
vileges. One of the principal of those is, that of annually choosing 
his Majesty's Council for this province. 

Had the most excellent letter from one of his Majesty's princi- 
pal Secretaries of State, which has been communicated to the 
House, arrived sooner, it could not have prevented the freedom 
of our elections ; nor can we, on the strictest examination of the 
transactions of the day of our general election, so far as the House 
was concerned, discover the least reason for regret. So long as 
we shall have our charter privileges continued, we must think our- 
selves inexcusable, if we should sufter ourselves to be intimidated 
in the free exercise of them. This exercise of our rights can never, 
with any color of reason, be adjudged an abuse of our liberty. 

Lest we should be at a loss for the proceedings and transac- 
tions which have given your Excellency so much uneasiness, you 
have been pleased to inform us, in express terms, that you " mean 
the excluding from the King's Council the principal Crown Offi- 
cers j men not only respectable in themselves for their integrity, 
their abilities and their fidelity to their country, as well as to their 
King, but also quite necessary to the administration of government 
in the very station from whence we have displaced them." Had 
your Excellency thought fit to have favored us with your senti- 
ments and opinion of the candidates previously to the election, it 
could not have more arrested our attention as a breach of our privi- 
leges ; and it would surely be as proper to give intimations of this 
kind before, as now the business is past a remedy, for this year at 
least. The Assembly of another year will act for themselves, or 
under sucli influence and direction as they may think fit. The 
two Crown Officers who were of the Honorable Board the last 
year, and not chosen this, are the Lieutenant Governor and Sec- 
retary. The other gentlemen of the Board last year, who are not 
chosen this, hold only provincial commissions. This province has 
subsisted and flourished, and the administration of government 
has been carried on here entirely to the royal approbation, when 
no Crown Officers had a seat at the Board, and we trust this may 



MASSACHUSETTS STATE PAPERS. 89 

be the case again. We find not in the Secretary of State's letter 
the least intimation that it was expected by his Majesty or his 
Ministry, that we should elect into his Majesty's Council the 
principal, or indeed any other Crown Officers. For any thing 
that appears in the letter, we are left entirely to llie exercise of 
our own judgment and best discretion in making our elections 
agreeably to the royal charter. 

If it is not now in our power in so full a manner, as will be ex- 
pected, to show our respectful gratitude to the mother country, or 
to make a dutiful, affectionate return to the indulgence of the 
King and Parliament, it shall be no fault of ours ; for this we in- 
tend and hope, we shall be able fully to effect. 

We cannot persuade ourselves that it must and will be under- 
stood that those gentlemen were turned out, as your Excellency 
is pleased to express it, for their deference to acts of the British 
Legislature. We have given the true reason of this proceeding 
in our answer to your Excellency's first speech of this session." 
We are under no apprehension that when the true grounds and 
reasons of our proceedings are known and candidly considered, 
we shall be in the least degree chargeable with unthankfulness 
and dissatisfaction on ground of former heat and prevailing preju- 
dice, or on any other ground. 

Your Excellency says, " it is impossible to give any tolerable 
coloring to this proceeding." The integiity and uprightness of 
our intentions and conduct is such, that no coloring is requisite, 
and therefore we shall excuse ourselves from attempting any. 
We hold ourselves to b,e quite free in our suffrages ; and provided 
we observe the directions of our charter, and the laws of the land, 
both which we have strictly adhered to, we are by no means ac- 
countable but to God and our own consciences for the manner in 
which we give them. We believe your Excellency is the first 
Governor of this province tliat ever formally called the two Houses 
of Assembly to account for their suffrages, and accused them of 
ingratitude and disaffection to the Crown, because they had not 
bestowed them on such persons as in the opinion of the Governor, 
were quite necessary to the administration of government. Had 
your Excellency been pleased in season to have favored us with a 
list, and positive orders whom to choose, we should, on your prin- 
ciples have been without excuse. But even the most abject slaves 
are not to be blamed for disobeying their master's will and pleas- 
ure when it is wholly unknown to them. 

Your Excellency says, " If it should be justified by asserting a 
right, that is, a legal power to choose whom we please, without re- 
gard to any considerations whatever, the justification itself will tend 
to impeach the right." We clearly assert our charter rights of a 
free election. But for your Excellency's definition of this right, 
viz. " a legal power to choose whom we please, without regard to 
any considerations whatever," we contend not. ^^'e liuide our 
12 



90 MASSACHUSETTS STATE PAPERS. 

elections after the most mature and deliberate consideration, and 
had special regard to the qualifications of the candidates, and all 
circumstances considered, chose those we judged most likely to 
serve his Majesty, and promote tlie welfare and prosperity of his 
people. We cannot conceive how the assertion of our clear char- 
ter right of free election can tend to impeach that right or charter. 
We would hope that your Excellency does not mean open and 
publicly to threaten us with a deprivation of our charter privileges, 
' merely for exercising them according to our best judgment and 
discretion. As to us, as our charter is, we should think it of very 
little value, if it should be adjudged that the sense and spirit of it 
require the electors should be under the absolute direction and 
control of the Chair, even in giving their suffrages. For whatev- 
er may be our ideas of the wisdom, prudence, mildness and mod- 
eration of your administration, of your forgiving spirit, yet we are 
not sure your successor will possess those shining virtues. 

We are very sensible that be our right of election ever so clear 
and absolute, there is a distinction between a right and the pro- 
priety of exercising it. This distinction we hope, will apply itself 
with full force, and all its advantage to your Excellency's reluct- 
ant exertion of the prerogative in disapproving six of the gentle- 
men chosen by the two Houses of Assembly. But this being a 
matter of discretion, is solely within your Excellency's breast, 
and we are taught by your just distinction, that such is the gift of 
suffrages. It therefore gives us great pain to have our discretion 
questioned, and our public conduct thus repeatedly arraigned. 

Your Excellency has intimated your readiness to concur with 
us in any palliative or expedient to prevent the bad effects of 
our elections, which you think must surely be very hurtful to the 
province, if it should be maintained and vindicated. But, as we 
are under no apprehensions of any such effects, especially when 
we reflect on the ability and integrity of the Council your Excel- 
lency has approved of, we beg leave to excuse ourselves from any 
unnecessary search after palliatives or expedients. 

We thank your Excellency for your kind assurances of " using 
all means to save the credit of this province." But we conceive 
that when the true state of the province is represented and known, 
its credit can be in no kind of danger. The recommendation en- 
joined by Mr. Secretary Conway's letter, and in consequence 
thereof made to us, we shall embrace the first convenient oppor- 
tunity to consider and act upon. In the mean time cannot but 
observe, that it is conceived in much higher and stronger terms in 
the speech than in the letter. Whether in thus exceeding, your 
Excellency speaks by your own authority, or a higher, is not with 
us to determine. 

However, if this recommendation, which your Excellency terras 
a requisition, be founded on " so much justice and humanity that 
it cannot be controverted :" If " the authority with whicji it is 



I 



MASSACHUSETTS STATE PAPERS. 91 

introduced should preclude all disputation about complying with 
it," we should be glad to know what freedom we have in the case. 

In answer to the questions which your Excellency has proposed 
with so much seeming emotion, we beg leave to declare, that we 
will not suffer ourselves to be in the least influenced by party an- 
imosities or domestic feuds, let them exist where they may : that 
if we can possibly prevent it, this fine country shall never be ru- 
ined by any person : that it shall be through no default of ours,, 
should this people be deprived of the great and manifest advanta- 
ges which the favor and indulgence of our most gracious Sovereign 
and his Parliament are even now providing for them. On the 
contrary, that it shall ever be our highest ambition, as it is our 
duty, so to demean ourselves in public and private life, as shall 
most clearly demonstrate our loyalty and gratitude to the best of 
Kings, and thereby recommend this people to further gracious 
marks of the royal clemency and favor. 

With regard to the rest of your Excellency's speech, we are 
sorry we are constrained to observe, that the general air and style 
of its savors much more of an act of free grace and pardon, than 
of a parliamentary address to the two Houses of Assembly ; and 
we most sincerely wish your Excellency had been pleased to re- 
serve it (if needful) for a proclamation. 

[The committee who prepared this answej', were T. Gushing, 
(the Speaker,) Mr. Otis, Major Hawley, Mr. Saunders, Col. O. 
Partridge, S. Adams, and Col. Bowei's.] 



ADDRESS OF THANKS 

FROM THE HOUSE OF REPRESENTATIVES TO THE KING, FOR HIS ASSENT 
TO THE REPEAL OF THE STAMP ACT, JUNE 19, 1766. 

Most Gracious Sovereign, 

Your Majesty's most faithful subjects, the Representatives 
of your province of Massachusetts Bay, in New England, under 
the deepest sense of duty and loyalty, beg leave humbly to ap- 
proach the throne, and to express their warmest gratitude, that 
your Majesty has been pleased, in Parliament, to give your royal 
assent to the repeal of the American stamp act. 

This is a repeated instance of your royal clemency, and affords 
a fresh and affecting testimony of your Majesty's unremitted and 
indulgent attention to the welfare and happiness of all your 
subjects. 

Your Majesty will allow us, with the greatest grief and anxiety, 
to express our apprehension, that your American subjects may 






92 MASSACHUSETTS STATE PAPERS. 

have been represented to your Parliament as having manifested 
some kind of disaffection to their constitutional dependence on 
the parent country; and as disposed to take occasion from the len- 
ity and tenderness of your Majesty and the Parliament, to abate 
of their respect and submission to the supreme legislative author- 
ity of Great Britain. 

Permit us, with all humility, to assure your Majesty of the 
great injustice of any such representations. Your subjects of this 
province, and we doubt not of the whole continent of America, 
are too sensible of the blessings they enjoy under your mild and 
gracious government, to admit the idea of such a temper and con- 
duct, without abhorrence. They esteem their connexion with 
their fellow subjects in Great Britain, and a constitutional subor- 
dination to your Parliament, their great privilege and security. 
Happy in the full possession of our rights and liberties under your 
Majesty's propitious government, we never can be wanting in re- 
turns of duty and the most grateful affection. 

Such, may it please your Majesty, are our dispositions ; and 
we beg leave to assure your Majesty, that we shall ever esteem it 
our glory to cultivate, as far as our influence may extend, all sen- 
timents of loyalty and affection to your Majesty's personal gov- 
ernment, and to maintain a happy harmony between your subjects 
of Great Britain and those of your American colonies. 

(Signed) T. GUSHING, Speaker. 

[The committee by whom this address was prepared, were the 
Speaker, (Mr. Gushing,) Mr. Otis, Mr. Worthington, Mr. Adams, 
Mr. Dexter, and 0. Partridge.] 



VOTE OF THANKS 

OF THE HOtrSE OF REPRESENTATIVES TO DIVERS NOBLEMEN AND GEN- 
TLEMEN, IN ENGLAND, FOR THEIR EFFORTS IN PROCURING A REPEAL 
OF THE STAMP ACT, JUNE 20, 1766. 

Upon a motion made and seconded, resolved, unanimously, 
that the most grateful acknowledgments of this House be made to 
the right honorable William Pitt, Esq. for his noble, and generous 
efforts, in the present session of Parliament, in favor of the British 
colonies ; and particularly for the display of his great abilities, and 
his assiduous and successful endeavors, in procuring an act for 
the repeal of tlie stamp act ; and that the Speaker be desired, by 
the first opportunity, to transmit to him a letter accordingly. 

Resolved, unanimously, that the most sincere thanks of this 
House be given to his grace, Augustus Henry, Duke of Grafton, 



MASSACHUSETTS STATE PAPERS. 93 

one of his Majesty's principal Secretaries of State, &c. for his no- 
ble and generous patronage of the British colonies. And that a 
copy of this vote be transmitted to his grace, in the most respect- 
ful manner, by the Speaker. 

The House also unanimously passed a vote of thanks, in the 
same tenor, severally to. 

His grace, Philip Dorsett, Earl of Chesterfield, Lord Stanhope ; 
his Grace, Thomas Pelham, Duke of Newcastle ; his Grace, Charles, 
Duke of Richmond; the right honorable Robert Earl, of North- 
ington. Lord High Chancellor of Great Britain ; the right honora- 
ble Henry Seymore Conway, Esq. one of his Majesty's principal 
Secretaries of State ; the right honorable Charles Watson, Mar- 
quis of Rockingham, first Lord Commissioner of his Majesty's 
treasury ; the right honorable George Onslow ; the right honora- 
ble Charles Townsend ; the right honorable William, Earl of 
Shelburne ; the right honorable Charles, Earl of Campden ; the 
right honorable William, Earl of Dartmouth ; the right honorable 
John, Earl of Egmont ; the right honorable George, Duke of Pom- 
fret ; the right honorable Vere Poulett, Earl Poulett; the right 
honorable George, Lord Edgcumb ; the right honorable William 
Dowdswell, Esq. Chancellor of his Majesty's Exchequer -, Sir 
George Saville, Baronet, member of Parliament, for Yorkshire ; 
Sir William Meredith, Knight, member of Parliament, for Liver- 
pool ; the right honorable Arthur Onslow, Esq. ; the honorable 
George Howard, Esq. member of Parliament, and General in his 
Majesty's army ; the honorable Isaac Barre, Esq. member of Par- 
liament, and Colonel in his Majesty's army ; Sir William Baker, 
Knight, member of Parliament ; and George Cooke, Esq. member 
of Parliament. 



Bber iM^» 



ANSWER 



OF THE HOUSE OF REPRESENTATIVES TO THE GOVERJfOR'S SPEECH OF 
JUNE 3, RESPECTING COMPENSATION TO THOSE WHO SUFFERED IN THE 
RIOTS OF AUGUST 1765....JUNE 25, 1756. 

[The Governor's speech of May 29, and of June 3, 1766, refer 
to the subject, and recommend the House of Representatives to 
provide for their remuneration ; as will be seen by a perusal of 
those speeches. June 24, 1766, the House appointed a committee 
to prepare a message to the Governor in answer to that part of his 
speech which recommends such compensation. The committee 
consisted of Mr. Gushing, (the Speaker.) S. Adams, S. Dexter, 



^ 



94 MASSACHUSETTS STATE PAPERS. 

Col. Richmond, and Capt. Saunders. On the 25th of June the 
committee reported the following, which was adopted.] 

May it please your Excellency, 

The House of Representatives have duly attended to that 
part of your Excellency's speech which had reference to a full, and 
ample compensation to be made to the sufferers in the late dis- 
turbances. 

Wc are sensibly affected with the loss they have sustained, 
and have the greatest abhorrence of the madness and barbarity of 
those persons who were the instruments of their sufferings. Noth- 
ing shall be omitted by us, in our department, to bring the perpe- 
trators of so horrid a fact to exemplary justice ; and if it be in 
their power, to a pecuniary restitution of all damages. But, may 
it please your Excellency, as a compliance with your Excellency's 
recommendation to the Provincial Assembly, to make up their 
losses, appears to this House, not as an act of justice, but rather 
of generosity, they are in doubt, wiiether they have any authority 
to make their constituents chargeable with, without their express 
consent. The House, therefore, beg leave to acquaint your Ex- 
cellency, that they have thought it their duty to refer the consid- 
eration of this matter to the next sitting of the General Court, 
that the members may have the opportunity of taking the minds 
and instructions of their several towns thereon. 



MESSAGE 

OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES,, 
JUNE 27, 1766. 

Gentlemen of the House of Rejjresentatives, 

As your reasons for not complying at present with what has 
been recommended to you by order of the King, with the advice 
of his Parliament, on the behalf of the sufferers in the late distur- 
bances, will probably be canvassed with great precision, it will be 
proper that the intendment of them should be as certain as may 
be. I should, therefore, be glad to know whether I must under- 
stand from your message of yesterday, that it is your opinion that 
a detection of the perpetrators of the late mischiefs is necessary to 
entitle the sufferers to a compensation for their losses. 

It appears to be the gracious intention of the King and Parlia- 
ment, that a veil should be cast over the late disturbances, pro- 
vided it be covered bv a general and uniform dutiful behavior for 



■w>v 



MASSACHUSETTS STATE PAPERS. 95 

the future. But it is certainly no less their firm and resolute pur- 
pose, that the sufferers by these disturbances shall have a full and 
ample indemnification made to them. And this business has been 
committed to you upon principles of humanity and justice, rather 
than of mere generosity'. 

If you think, that an inquiry into the promotion and perpetra- 
tion of the late disorders a necessary preliminary to determine, 
from whom the charge of the compensation shall finally come, and 
shall pronounce for the expediency of such an inquiry, you will 
certainly be assisted by the Governor and Council in the prosecu- 
tion of it. And I dare say it will be no difficult work to trace this 
matter to the bottom.* 

But in the mean time, I fear the King and Parliament will think 
their intimations disregarded, by your proposing an inquiry now, 
after it has been neglected for nine months past : during all which 
time the House have had this very business of indemnifications 
under their consideration. They expect from you, that the suf- 
ferers shall be indemnified at all events, M'hether the offenders are 
discovered or not, or whether they are able to pay tlie damages or 
not ; and seem to be more intent upon indemnification than upon 
punishment. 

I, therefore, wish for the sake of the province, whose interests, 
and especially those of its trade, are now in a very nice balance, 
and for the sake of this town, whose respectable inhabitants have 
already suffered much in the opinion of the world, for having been 
tame spectators of the violences committed in it; that you would 
remove this disgrace without the least delay, by ordering the in- 
demnification immediately to be made upon the credit of those 
whom you shall hereafter judge to be chargeable with it. When 
this is done, there can be no objection to your postponing the con- 
sideration, on whom this money ought ultimately to be laid, to 
what time you please. And there is no doubt but that any inquiry, 
which you shall think fit to make for this purpose, will be as effi- 
cacious as you can desire. 

FRA. BERNARD. 

• The House ajipointed a committee, viz. Gen. Ruggles, Mr. Hall, Mr. Sheaffe. and 
Mr. Hancock, to wail on the Governor, and desire liim to acquaint them whether he had any 
light whereby the House might come to a knowledge of the rioters of last year ; wlio re- 
ported, that the Governor was pleased to inform tliem, that he heard many hints and some 
few persons named; that he had not taken any minutes respecting the matter ; but if the 
House were disposed to sit into the next week, he would recollect what had occurred to him 
on the subject, and acquaint such a committee of secrecy, as the House might think proper 
to appoint, with all he knew of the matter. A committee was accordingly appointed by the 
House, to sit in the recess of the Court, and make inquiry into the riots committed in August, 
1765, with power to send for persons and papers ; and that the matter of their inquiry be 
kept a secret, till they should make a report to the House. The Court was adjourned, June 
28, and convened again by the Governor, October 29 ; and on the 30th, the committee afore- 
mentioned reported, that July 9th, they waited on his Excellency to receive that assistance, 
which he was pleased to propose to the House, in his message, last session. He, therefore, 
called the Council together. The committee offered to hear and receive any information 
from the Governor and Council, respectiog the riotj. But none was couuuuaicated ; an4 
the Council was ac^ourned without day. 



96 MASSACHUSETTS STATE PAPERS. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM 
THE GOVERNOR, JUNE 28, 1766. 

May it phase your Excellency^ 

The House have duly attended to your Excellency's message 
of the 27th inst. We are fully sensible of the goodness of the 
King and Parliament ; and agree with your Excellency, that it 
appears to be their gracious intention that a veil should be drawn 
over the late disturbances. And we hope our behavior will al- 
ways be such as to merit their approbation. 

Sir, the House are ever attentive to the applications of persons of 
every rank, whose case justly claims their consideration. But as 
the sufferers, whom we apprehend your Excellency refers to, have 
never applied to this House in a parliamentary way for relief, we 
are humbly of opinion, that we have done all at present that our 
gracious Sovereign and his Parliament can reasonably expect from 
us. But to shew our regard to every thing recommended by the 
King and Parliament, we have appointed a committee to sit in the 
recess of the Court, to make a thorough inquiry into the riots 
committed in August last, and to discover the persons concerned 
therein, as far as may be. For the effectuating which business, 
we d§ubt not but we shall be aided by your Excellency and his 
Majesty's Council. - 

And further, would acquaint your Excellency, that the House 
have passed a resolve to take the report of this committee under 
consideration, at the beginning of the next session of this Court, 
and act thereon what shall appear to them to be just and reasona- 
ble. 

Your Excellency is pleased to enforce the immediate compliance 
of the House with this requisition, by an argument drawn from a 
regard to the town of Boston, the reputation of whose inhabitants 
your Excellency says has already suffered much for having been 
tame spectators of the violences committed, and that this disgrace 
would be removed thereby. We see no reason why the reputa- 
tion of that town should suffer in the opinion of any one, from all 
the evidence which has fallen under the obsei-vation of the House. 
Nor does it appear to us how a compliance would remove such 
disgrace, if that town had been so unhappy as to have fallen un- 
der it. 






MASSACHUSETTS STATE PAPERS. 97 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, OCTOBER 29, 1766. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 
I HAVE thought proper to call you together, that you may have 
an opportunity to give a positive ansv/er to what I recommended 
to you, by order of his Majesty, last session; as it will be ex- 
pected of me that it be reported to his Majesty before the opening 
of the business of the next year ; and 1 heartily wish it may be 
such as will answer the expectations and desires of your friends 
in Great Britain. For my own part, I shall upon this occasion, 
as upon all others, make the best use of the means you shall put 
in my hands to promote the honor and reputation of the province. 

As you are called together for this business only, when it is 
finished, I shall have no objection to your returning home, until 
the usual time of opening the winter session. 

FRA. BERNARD. 

Council Chamber, October 29, 1766. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE SPEECH, 
NOVEMBER 11, 1766. 

May it please your Excellency, 

Your speech to both Houses at the opening of the present 
session, has been repeatedly under the most deliberate considera- 
tion of the House of Representatives. 

It was indeed, sir, with great reluctance, that the House found 
themselves under the necessity of having recourse to your former 
speech and message upon this occasion ; but as you are pleased to 
refer us to them without saying any thing to qualify them, the House 
cannot help observing, that the manner in which your Excellency 
has repeatedly proposed a compensation to the sufferers, has been 
derogatory to the honor of the House, and in breach of the privi- 
leges thereof. That the terms you have made use of, have been 
essentially different from those, dictated to you, by his Majes- 
ty's express command, signified in a letter from his Secreta- 
ry of State. That they tended to weaken the inherent, uncon- 
13 



98 MASSACHUSETTS STATE PAPERS. 

trolable right of the people, to dispose of their own money to such 
purposes as they shall judge expedient, and to no other. And 
that, under these apprehensions, it is not improbable, some of the 
towns may have framed their instructions to their Representatives 
against a compensation out of tlie public treasury. 

The House, however, with the most dutiful and profound re- 
spect, have attended to his Majesty's most gracious and mild 
recommendation ; and observe that it is his pious and benevolent 
intention, that not only a compensation should be made to the suf- 
ferers, in the late times, but also that a veil be drawn over every 
disgraceful scene, and to forgive, and even to forget, the undutiful 
behavior of any of his subjects, in those unhappy times. 

Confirmed in the opinion, that an indemnification of the offend- 
ers is of equal importance and necessity with the making compen- 
sation to the sufferers, and being ever ready, with the utmost 
cheerfulness, to unite their endeavors in promoting the wise and 
gracious purposes of their rightful Sovereign ; in conformity to 
ithe spirit of Mr. Secretary Conway's letter, the House have framed 
a bill, entitled " An act for granting compensation to the sufferers, 
and general pardon, indemnity and oblivion to the offenders, in 
the late times."* 

This bill tliey have ordered to be published for the consideration 
of the several towns, aud humbly pray your Excellency would 
please to give them a recess for that purpose. 

[Major Hawley, Mr. Dexter, Col. Bowers, Mr. Adams, and 
Major Johnson, were the committee who prepared the above an- 
swer.] 



SPEECH 

OF GOVERNOR BERNARD TO THE HOUSE OF REPRESENTATIVES, 
NOVEMBER 13, 1766. 

Gentlemen of the House of Representatives, 

In the letter of the Earl of Shelburne, which I laid before you, 
you have a second testimony from another of his Majesty's Secre- 
taries of State, of the tenderness and affection towards the people 
under my government, with which I have conducted myself during 

* The said bill passed to be enacted, December 6, 1766. The preamble was as follows : 
" Whereas the King's most excellent Majesty, from a hearty and pious desire that the suffer- 
ers in the late riots should be compensated, and that a veil may be drawn over the late un- 
Iiappy excesses, has been graciously pleased to signify his intention to forgive and forget 
them; at the same time of his abundant clemency, recommending a conipensation to the 
sufferers, &c. from a grateful sense of his Majesty's grace and clemency, in order to pro- 
mote peace and safety, to make compensation to said sufferers, and thus to demonstrate to 
the.world our sense of the happiness we enjoy, in being a part of the British empire, and 
being entitled to the rights, liberties and privileges of British subjects ; we, his Majesty's 
most dutiful and loyal subjects, the Representatives of ihe Commons of this province, in the 
great and General Court assembled, of our free and good will, have resolved to give and 
grant, and pray that it maybe enacted," &c. 



m. 



MASSACHUSETTS STATE PAPEIIS. 99 

the late disputes, and therefore I shall make no other answer to 
the ungenerous insinuations in your message of yesterday, than by 
referring to your own journals, from whence it will evidently ap- 
pear, that it is from among yourselves, and not from me, that the 
difficulties which have prevented your making a compensation to 
the sufferers, have arose. 

I am very sorry that you have not already complied with what 
has been recommended to you ; but it is some satisfaction to me, 
that you have laid a foundation for completing this business, which 
I hope will not fail of success. The importance of the aftair, and 
the hasty approach of the new year, will not allow the loss of a 
day which can be saved ; and therefore, I shall make the recess 
which you desire, as short as possible. And that you may do the 
business with as much credit to yourselves as may be, I shall con- 
tinue the session until you can come to a final determination. 

FRA. BERNARD. 

Council Chamber, November 13, 1766. 



LETTER 

OF LORD SHELBURNE TO GOVERNOR BERNARD, AND BY HIM LAID BEFORE 
THE GENERAL COURT. 

Whitehall, September 13, 1766. 

SIR, 

I HAVE had the honor to lay before the King, your letteis of 
the 29th of June, and 19th of July last, together with the enclo- 
sures therein contained ; and I have received his Majesty's com- 
mands to communicate them to such of his servants, as he thinks 
proper usually to consult upon his most important affairs, as soon 
as the season of the year will conveniently admit of this meeting, 
for this and other purposes. In the mean time, his Majesty is ex- 
tremely sorry to observe any degree of ill temper remaining in his 
colony of Massachusetts Bay, or, that points should be so improp- ^ 
erly agitated, as to tend to the revival of disputes, which evei-y 
friend to America must wish to be forgotten. They have seen the 
Parliament of Great Britain give due attention to all well founded 
complaints of the province, notwithstanding they appeared to 
them, in some parts, not so properly urged, and though t)ie legis- 
lature will, certainly, on all just occasions, exercise and enforce 
its legislative power over the colonies, yet, it cannot be doubted, 
but it will exert it with a due regard to the nature of their con- 
nexion with the mother country. 

Upon this occasion it is proper to observe, in general, that the 



%■ 



100 MASSACHUSETTS STATE PAPERSi 

ease and honor of his Majesty's government in America, will 
greatly depend on the temper and wisdomof those who are trusted 
with the administration there 5 and that they ought to be persons 
disdaining narrow views, private combinations, and partial at- 
tachments. It is with great pleasure, sir, that I have observed the 
manner in which you have conducted yourself, during the dis- 
putes of the last year, which I cannot do, without highly approving 
your attention and watclifulness on the one hand, to support the 
authority of government, and on the other, the tenderness and af- 
fection which appeared in all your letters, toward the people un- 
der your government. A temperate conduct, founded on the true 
basis of public good, avoiding all the unnecessary reserve, where 
notliing arbitrary is thought of, and nothing unreasonable is re- 
quired, must carry conviction to the hearts of the deluded, concili- 
ate the minds of all, and ensure the confidence of his Majesty's 
Joyal and loving subjects of America. 

Upon these considerations, I am persuaded that the Assembly 
Will, immediately upon their meeting, fall upon measures to termi- 
nate all local difficulties, which appear, by your accounts, to have 
hitherto prevented that compliance which will be expected by 
Parliament, with the recommendations you have been required to 
make, in consequence of the resolutions of both Houses. It is im- 
possible to conceive that they will suffer any private considerations 
to interfere with their desire of shewing a proper sense of that 
paternal regard, which they have experienced from his Majesty, 
and of the attention whicli Parliament has given to their com- 
plaints ; which can never be done with more propriety, than by 
granting, with the utmost cheerfulness, a just compensation to 
those who have suftered by the late disorders. 

I am, with truth and regard, sir, your most obedient, humble 
servant, SHELBURNE. 



RESpLVES 

OF THE HOUSE OF REPRESENTATIVES ON THE SUBJECT OF COMPENSATION 
TO THE SUFFERERS BY THE RIOTS IN 1765. 
? 

Ordered, ThatMajor Hawley, Mr. Otis, and Mr. Adams, be 
a covimittee to prepare a resolve, setting forth the motives which 
induced this House to pass the bill for granting compensation, &c. 
who reportp.d thereon as follows : 

Resolved, That this House, in passing the bill for granting com- 
pensation to the sufferers, and of free and general pardon, indem- 
nity and oblivion, to the offenders in the late times, were influenced 
hy a loyal and grateful regard to his Majesty's most mild and 



MASSACHUSETTS STATE PAPERS. 101 

gracious recommendation ; by a deference to the opinion of the 
illustrious patrons of the colonies In Great Britain ; and for the 
sake of internal peace and order, without regard to any interpre- 
tation of his Majesty's recommendation into a requisition, pre- 
cluding all debate and controversy ; and under a full persuasion 
that the sufferers had no just claim or demand on the province 5 
and that this compliance ought not hereafter to be drawn into a 
precedent. 

After which the House passed the two following resolutions, viz. 

1. Resolved, That it was the indispenasble duty of the sufterers 
to have applied to the government here, rather than to the govern- 
ment at home ; and that the neglect of any of them to petition 
to this Assembly till October last, while they were complaining at 
home, is very reprehensible. 

2. Whereas it appears to this House, by the resolutions of 'the 
honorable the House of Commons of Great Britain, that it was 
their opinion that the resolutions of divers assemblies in America, 
had a tendency to encourage the riots that happened there, Re- 
solved, that this cannot be said of the resolutions of the House of 
Representatives of this province, as the said riots happened about 
two months before any such resolutions were made.* 



LETTER 

FROM DENNYS DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND, 
TO THE SPEAICER OF THE HOUSE OF REPRESENTATIVES, DATED AT LON- 
DON, AUGUST 6, 1766. 

SIR, 

Since my last, I received a few lines from Lord Dartmouth, 
in which he says, " I am sorry to hear that the Assembly of Boston 
has refused to make the indemnification recommended by Parlia- 
ment. New York has complied.*' 

Had you been here to be fully apprized of the long debate which 
your friends supported in the House, to obtain the word " recom- 
mend,''^ as a term entirely consistent with your liberty, it must 
have left a grateful impression on your mind, which your address 
is so full of, both to the King and Parliament, that I can hardly 
believe you should come to such a conclusion. If the report be a 
slander on the province, I shirll be glad if you will put it in my 
power to refute it ; as I am ambitious your Assembly, who I have 
the honor to be employed by, should stand high in the esteem of 
the King, Ministry, and Parliament, as well as in the esteem of 
all the real friends of America, which such a refusal will abate. 

• The riots were i» August, 1765, and the resolutions i« October after.- 



102 MASSACHUSETTS STATE PAPERS. 

LETTER 

FROM THE SAME, SEPTEMBER W, 1766. 

Since my last to you, I have received several letters from 
jour friends, in ansvk'er to your vote of thanks, (vi'hich I enclose,) 
and the universal approbation it has met with, proves it a very well 
judged measure : and Lord Chesterfield and the old Speaker Ons- 
low, whose hearts were warm in your cause, were very particularly 
pleased ; and the latter desired me to assure your House, he 
esteemed it the highest honor which could be conferred on him. 

Yesterday I waited on Lord Shelburne, our new Secretary of 
State ; and his Lordship expressed himself in such terms as gave 
me great satisfaction, and desired me to assure your House, 
he had the highest regard for America, wished their prosperity, 
and would make it his care to promote it. That you might be per- 
fectly easy about the enjoyment of your rights and privileges under 
the present administration. But on the other hand, the dignity of 
government must be maintained, as well as due regard to the ad- 
ministration here ; which I assured them was your real disposi- 
tion, as was manifest by the tenor of the addresses, two of which 
came through my hands, yours and from the lower counties of 
Pennsylvania. 

He desired you would finish tlie affair of the damages sustained, 
because it gave occasion to your and the enemies of the adminis- 
tration to upbraid them for the gentle measures they adopted ; on 
the other hand, he had also written to every Governor on the con- 
tinent to behave with moderation to the several provinces over 
which they preside ; and had written to your Governor in partic- 
ular, to pursue healing measures. And added, that whatever new 
Governors were appointed, he would take care to send such men 
as should act on the most generous principles, and thereby secure 
the affections of the people. 



SPEECH 

t* OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, JANUARY 23, 1767. 

Gentlemen of the Council, and * 

Gentlemen of the House of Representatives, 

At tlie opening of this session, I have nothing by command 
of his Majesty to lay before you. What I have to propose from 
myself, shall be communicated by separate papers. At present, I 



MASSACHUSETTS STATE PAPERS. 103 

have only to recommend to you, that the support of the authority 
of the government, the maintenance of tiie honor of the province, 
and the promotion of the welfare of the people, may be the chief 
objects of your consultations. These are duties common to us all ; 
and whilst they are truly pursued, there can be no room for disa- 
greement or dissatisfaction. 

FRA. BERNARD. 
Council Chamber, January 28, 1767. 



ANSWER j^ 

OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE, 
JANUARY 31, 1767. 

May it please your Excellency, 

Your speech to both Houses of the General Assembly at the 
opening of the present session, has been duly considered by the 
House of Representatives. 

Your Excellency is pleased to recommend " the support of the 
authority of the government, the maintenance of the honor of the 
province, and the promotion of the welfare of the people, as the 
chief objects of our consultations." 

By the authority of the government, this House understand, the 
charter rights and powers of the Great and General Court or As- 
sembly of this province, and the several branches of the same ; 
and the powers with which the civil officers of the province are bv 
law vested. While the members of that Assembly firmly maintain 
those rights and powers, and the body of the people steadily and 
vigorously sustain and protect the civil officers in the exercise of 
their respective powers, in the full execution of the good laws of 
the province, and the discharge of their several trusts, whether ju- 
diciary or ministerial, we apprehend the authority of the govern- 
ment is then supported. It is necessary for the support of this 
authority, that the House of Representatives well inform them- 
selves of the true extent of those rights and powers, and sacredly 
adhere to their own rights as one branch of the legislature. That 
they zealously assert the rights of their constituents, the people of 
this province ; without transgressing the bounds of their own pow- 
er, or invading the rights and prerogatives of the otlier branches of 
the Assembly. And that they endeavor, that the body of the peo- 
ple be well acquainted with their own natural and constitutional 
rights and privileges ; and the liberty, safety, peace and happiness 
which they will not fail to enjoy, while the General Assembly is 
protected in the due exercise of their rights and powers, and the 



104i MASSACHUSETTS STATE PAPERS. 

laws of the land have their free course, and are faithfully and im- 
partially executed. This, may it please your Excellency, being 
our own apprehension of the authority of the government, and its 
support, we shall always greatly rejoice to find your Excellency 
exciting and animating us in the discharge of this important duty. 
As it would be unpardonable in us ever to lose sight of it, your 
Excellency may be assured, that we shall always make the support 
of the authority of the government one great object of our con- 
sultations. 

Upon this occasion, we cannot forbear to observe to your Ex- 
cellency, with concern, that wlieu the two Houses were directed 
to attend your Excellency in the Council Chamber, at a time when 
none but the General Assembly and their servants are intended to 
be present, his Honor the Lieutenant Governor was pleased to ap- 
pear in General Assembly, and there to continue till the House 
returned to their chamber, while your Excellency was not only in 
the province, but actually in the chair. We are of opinion that 
this conduct is not supportable by any precedent ; but should there 
be found, upon searching ancient records, an instance of the 
kind, it is not only in itself an impropriety, but repugnant to the 
constitution, and the letter of the charter ; which declares the 
great and General Court to consist of the Governor and Council, 
or Assistants, for the time being, and such freeholders of the pro- 
vince, as shall be from time to time elected or deputed, by the 
major part of the freeholders and other inhabitants, qualified by 
the royal charter, to give their votes. If the honorable gentleman 
was introduced by your Excellency, we apprehend that the hap- 
piest means of supporting the authority of the government, or 
maintaining the honor of the province, were not consulted therein. 
But if he came in and took a seat, of his own motion, we are con- 
strained to say, that it attbrds a new and additional instance of 
ambition, and a lust of power, ^o what we have heretofore ob- 
served.* 

If your Excellency in recommending to our consultations the 
support of the authority of the government, intends that executive 
power is become weak, and calls for the aid of the legislative j 
and that an ill temper and a factious spirit so far prevails in the 

* Tlie Governor replied to tliis part of the INIessage from the House, and contended for 
the propriety of tlie Lieutenant Governor's conduct in this case. The House replied to the 
Governor's Message, and insisted that it was highly improper in the Lieutenant Governor 
to take a seat in Council, as he liad not been chosen a member, and as the Chair of the Gover- 
nor was not vacant. They acknowledged, that there had been an instance ot this kind in 
1702, when Povey was Lieutenant Governor. But they statedj that Governor Belcher had 
exprtssiy excluded Tailor and Phips, at the time they were Lieutenant Governors, from a 
seat in the Council, when they had not been elected tliereto by the General Court. The Gov- 
ernor still insisted the conduct of Mr. Hutchinson in the affair, was correct ; and the latter 
gentleman also addressed a letter to the Governor, (which was communicated to the House,) 
complaining of the severity and partiality of the House, in objecting to his taking a seat at 
the Council Board. The House then referred the subject to the Council, and requested them 
to give an opinion whether they thought the Lieutenant Governor had a right to a seat at 
the Board. They decided, unanimously, that he had not, " by charter, a constitutional 
right to a seat at the Board, either with or without a voice." And they added, "the 
Board assure the House, that they will sincerely endeavor to preserve the constitutional a)l4 
charter rights of Uis Ivlajesty's most loyal and dutiful subjects of tb.is proviuoe." 



MASSACHUSETTS STATE PAPERS. 105 

province, as to require severer methods, we can, with great satis- 
faction, inform you otherwise. Your Excellency may be assured 
that a disposition in the people to yield all due obedience to his 
Majesty's authority and the laws of this province, renders it alto- 
gether unnecessary that any extraordinary methods should be 
taken for that purpose. And as the welfare of the people so much 
depends upon it, we have just reason to expect that every branch 
of the legislature will take the most effectual measures to remove 
from the mind of our Sovereign such unfavorable sentiments of the 
province, as may have been occasioned by the malignant whispers 
of its enemies. 

We cannot promise your Excellency that there shall be no dis- 
agreement or diversity of sentiments in matters of importance 
that may come before the General Court ; this is scarcely to be 
expected in a free assembly. In such cases, this House, as they 
ever have, will still consider their own honor concerned, to debate 
with candor, and to decide with judgment. While the true end 
of government is kept in view, and invariably pursued in the 
several departments of it, the honor of the province and the wel- 
fare of the people will be maintained and promoted, and there can 
be no room for dissatisfaction. 

Had your Excellency any command from his Majesty to lay 
before us, we should attend to it with the utmost loyalty and re- 
spect ; being fully persuaded that our gracious Sovereign will 
require of us nothing but what is just and wise. When you shall 
be pleased to communicate to us any proposal of your own, we shall 
duly consider its nature, importance and tendency, and act agree- 
ably to the best light of our own understanding. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
JANUARY 30,1767. 

The House of Representatives- beg to be informed by your 
Excellency, whether any provision has been made, at the expense 
of this government, for his Majesty's troops lately arrived in this 
harbor, and by whom .^ And also whether yourExcellency has 
reason to expect the arrival of any more to be quartered in this 
province ? 

14 



106 MASSACHUSETTS STATE PAPERS. 



THE FOLLOWING 3IESSAGE WAS RECEIVED FROM HIS EXCELLENCY, 
IN ANSWER TO THE ABOVE. 

Gentlemen of the House of Representatives, 

In answer to your message of this day, I send you a copy ot 
the minutes of Council, by which provision for the artillery com- 
pany at the Castle, in pursuance of the late act of Parliament, was 
made. 

I intended to lay the matter before you, and had. given orders 
for an account of the present expenses to be made out for that 
purpose, which, having received since your message came to me, 
I hereby communicate. 

I have received no advice whatever of any other troops being 
quartered in this province ; nor have I any reason to expect the 
arrival of such, except from common report, to which I give little 
credit. FRA. BERNARD. 



MESSAGE 

From the house of representatives, to the governor, 
february 4, 1767. 

May it please your Excellency, 

[n reply to your message of the 50th of January, the House 
of Representatives beg leave to observe, that it is by virtue of the 
royal charter alone, that the Governor and Council have any au- 
thority to issue money out of the treasury, and that only according 
to such acts as are, or may be, in force within this province. This 
clause was intended to secure to the House of Representatives 
the privilege of originating, granting, and disposing of taxes. But 
we apprehend it would be of very little value and importance, if 
it should become a settled rule that the House are obliged to im- 
pose and levy assessments, rates, and taxes upon the estates or 
persons of their constituents, for the payment of such expenses as 
may be incurred by virtue of an order of the Governor and Coun- 
cil, without the knowledge and consent ot the House. Your 
Excellency, therefore, in giving orders, with the advice of the 
Council, for making provision for the artillery companies at the 
Castle, acted, in an essential point, contrary to the plain intention 
of the charter of the province, wherein the powers of the several 
branches of the General Assembly are declared and limited. If, 
however, there was an urgent necessity for this procedure, in the 



MASSACHUSETTS STATE PAPERS. 107 

recess of the Court, we are very much surprised, that your Excel- 
lency should sufter the whole of the last session of the General 
Assembly to pass over without laying this matter before us ; and 
that it was again omitted, in the present session, till the House 
had waited upon your Excellency with their message. It is the 
just expectation of this House, founded in the principles of the 
constitution, to have the earliest notice of a matter of this nature ; 
and we cannot but remonstrate to your Excellency, that the omis- 
sion of it was a breach of our privileges. 

But, may it please your Excellency, it is still more grievous to 
us to find your Excellency making mention of a late act of Parlia- 
ment, in pursuance of which your Excellency and the Council 
have created this expense to the province. One great grievance 
in regard to the stamp act was, that it deprived us of the advan- 
tage of a fundamental and most essential part of the British con- 
stitution, the unalienable right of freedom from all taxation, but 
such as we shall voluntarily consent to and grant. While we feel 
a sense of the worth and importance of this right, we cannot but 
express concern that an act of Parliament should yet be in being, 
which appears to us to be as real a grievance, as was that which 
so justly alarmed this continent. Your Excellency and the Coun- 
cil, by taking this step, have unwarrantably and unconstitutionally 
subjected the people of this province to an expense without giving 
this House an opportunity of passing their judgment upon it ; and 
have also put it out of our power, by an act of our own, to testi- 
fy the same cheerfulness which this Assembly has always shown in 
granting to his Majesty of their free accord, such aids as his Majes- 
ty's service has from time to time required. 

[The committee who reported this message, were Mr. Gushing, 
(the Speaker,) Mr. Otis, Maj. Hawley, Capt. Sheaffe, Mr. Adams? 
Mr. Dexter, and Col Ward.] 



MESSAGE 

OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES^ 
FEBRUARY 17, 1767. 

Gentlemen of the House of Representatives, 

The charges against me and the Council, contained in your 
message of the 4th instant, have had a full consideration ; the re- 
sult of which is, that the proceedings in making provisions for the 
King's troops, lately arrived here, appear to be constitutional and 
warrantable ; and are justified not only by the usage of this gov- 
ernment, but by the authority of the General Court itself. 



108 MASSACHUSETTS STATE PAPERS. 

The barracks at the Castle were built by order of the General 
Court, for the reception of the King's troops, when they should ar- 
rive here, that there might be no occasion for quartering them upon 
the inhabitants. Fuel and candles are necessary to the occupation 
of barracks ; without them, no troops could go in, or stay there ; 
it being an allowance always incidental to their living in barracks. 
When, therefore, the General Court ordered these barracks to be 
built for troops, it must have been implied, that the incidental ne- 
cessaries should be provided for the troops, when they went into 
them. Otherwise, we must suppose, that the General Court did 
not intend that the barracks should be applied to the use for which 
they were built. 

The manner of making the provision, and the provision itself, 
were agreeable to the usage of this government, in the like cases. 
It consisted of fuel and candles only, which are absolutely neces- 
sary, and always have been allowed in these barracks ; and it did 
not include several articles prescribed by the act of Parliament; 
and therefore, it was wholly conformable to the usage of the gov- 
ernment and the necessity of the case, but to the act only, as it 
coincided with it. If there had been no such act, the Council 
would have thought themselves obliged to advise the ordering this 
provision, as it was necessary to the use of the barracks ; it being 
their duty, in the recess of the General Court, to assist me in car- 
rying into execution, by the usual means, an establishment pro- 
vided for the convenience of the people. 

As to your complaint against me, for not laying this matter 
before you, during the whole of the last session, and part of this, 
I shall only state the facts, and leave it there. What you call 
the whole of the last session, was only the six last days of it, when 
you met after an adjournment, to pass upon the compensation bill. 
As soon as you had finished that bus}ness,-you desired me to grant 
you a recess. I did so ; and told you at the same time, that, upon 
that account, I had postponed all other business to the next ses- 
sion. As to the part of this session, it was not forty -eight hours ; 
and within that time, I had given orders for making out an account 
of the expense of the provision, in order to lay it before you, and I 
actually received it within two hours after I had your message. 
Thjs is the whole of what you call an omission in breach of your 
privileges. FRA. BERNARD, 






MASSACHUSETTS STATE PAPERS. 109 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, MAY 28, 1767. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

At the opening of this session, I have nothing from tlie im- 
mediate command of his Majesty to lay before you. I therefore 
cannot employ the present opportunity better than by recommend- 
ing to you to endeavor to restore to this General Court the mutual 
confidence and unanimity which prevailed in it until they were 
interrupted by the late popular uneasiness. And I must, at the 
same time, assure you, that I shall heartily concur with you ifi all 
measures which shall be conducive to so salutary an end. 

I do not, however, mean to decline the full exercise of the con- 
stitutional powers with which I am vested : they are derived from 
the same fountain with your own privileges ; and therefore I trust 
that the free use of them can never give just cause of oftence. But, 
as I desire to temper my authority with all possible moderation, I 
shall be obliged to you for every opportunity you shall give me to 
make evident this disposition. 

The business of this session is generally short, and the season of 
the year requires that it should be so. You must have observed 
how very expensive unnecessary disputation is ; and therefore, I 
iiope you will avoid it, that the public business may be done with 
all proper despatch, and you may return to your homes as soon as 
well may be. FRA. BERNARD. 

[The Governor objected to J. Gerrish, T. Saunders, Col. Otis, 
J. Bowers, and S. Dexter, who had been elected Counsellors. The 
House immediately appointed them a committee to introduce to 
the Governor two gentlemen chosen Counsellors from their body.] 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
MAY 28, 1757. 

Gentlemen of the House of Representatives, 

This morning Ensign Dalrymple, of the 14th regiment of foot, 
informed me that he was just arrived from Scotland, with twenty- 
seven recruits for said regiment, and praying that I would order 
quarters to be assigned for them. I accordingly ordered, that they 



110 MASSACHUSETTS STATE PAPERS. 

should be received into the barracks at the Castle; and I laid the 
matter before the Council, and asked their advice concerning the 
ordering the usual allowances for these men, while they remain in 
the barracks. The Council have advised me, as the House is now 
sitting, to communicate this matter to the House, which I do, ac- 
cordingly ; and desire that you will take order that proper pro- 
vision be made for these men, while they remain in the barracks. 

FRA. BERNARD. 



ANSWER 

05 THE HOUSE OF kEPRESENTATIVES TO THE GOVERNOR'S SPEECH-, 
JUNE 2, 1767. 

May it please your Excellency, 

Having duly considered your speech at the opening of this 
session, the House of Representatives beg leave, with great sin- 
cerity, to say, that there is nothing which they more ardently wish 
for, than a mutual confidence in the several branches of the Gen- 
eral Assembly, and a happy unanimity in such measures as shall 
best promote the prosperity of his Majesty's government, and the 
peace and welfare of his subjects of this province. At the same 
time, we must freely declare to your Excellency, that during the 
whole period of that general calamity and distress, which you 
chose to denominate a popular uneasiness, we do not recollect a 
single act done by the representative body of this province, which 
could have the least tendency to interrupt a general harmony, so 
essentially necessary for the valuable purposes of government. 
Nor can it, in our opinion, without great injustice, be supposed, 
that had there been, in reality, nothing more than a groundless, 
popular uneasiness, it would have been suffered to intermix with 
their public councils, and occ;ision a breach of confidence. 

We are obliged to say that there is the deepest concern among 1 
the people of this province ; that after they have shewn every pos- 
sible mark of loyalty, it has yet been represented to his Majesty, 
that a degree of ill temper remains in his colony of Massachusetts 
Bay. The letter from the Secretary of State. (Lord Shelburne) 
which your Excellency communicated to the last Assembly, leaves 
no room to doubt but that such representation has been made.* 
Permit us, sir, just to observe, that nothing will tend more to 
conciliate the minds of this people, than to give us the opportunity 

• Governor Bernard had often complained to the British ministry, before this i)eriod, as 
he continued afterwards to do, that the province was in a state of rebellion, and could not 
be governed, but by a military force. He recommended arbitrary measores, and urged to 
the appointment of Coiuisellors by the Crown, &c. 



MASSACHUSETTS STATE PAPERS. Ill 

to make it evident to our constituents, that you have had no hand 
in such representation. Such a measure might tend to remove 
that concern, and to restore unanimity to this General Court ; 
and we rely on that assurance you have given us, that you will 
heartily concur with us in all measures which shall be conducive 
to so salutary a purpose. 

You are pleased to make an open and express declaration, that 
you do not mean to decline the full exercise of the constitutional 
powers with which you are vested. We are fully convinced of it; 
nor have we the least desire that you should ever decline the full 
exercise of those powers. Your Excellency, however, will allow 
us to say, that there is such a thing as an indiscreet use of legal 
power, of which this House have a right to form their own judg- 
ment. 

Your Excellency tells us, you desire to temper your authority 
with all proper moderation. Whether you have not already, since 
the opening of this session, missed the fairest opportunity of mak- 
ing evident such a disposition, is a matter that is now open to the 
judgment of the world. 

You have not been pleased to point out the business of this ses- 
sion, but strongly recommend to us to shorten it, as the season of 
the year requires. We are sensible there are matters that imme- 
diately concern his Majesty's government of this province, which 
properly now come before us. These we .shall despatch in as 
short a time as will admit of a due deliberation upon them. Un- 
necessary disputation we shall avoid. Your Excellency tells us, 
we must have observed how very expensive it is. If you refer to 
the disputes of the last year, we do not judge them, so far as we 
have observed, to have been unnecessary, or protracted beyond 
due bounds. We are sorry there was occasion given for them ; 
but, in our opinion, the late House of Representatives are not 
chargeable with it. As the rights of this people are now entrusted 
to us, it is our indispensable duty to maintain and defend them. 
We hope none of them will be drawn into question ; but should 
that be the case, we are bound in conscience to contend for them ; 
and therefore we shall not think the dispute on our part unneces- 
sary, or the time employed in it mispent. 

[The committee who reported this answer M'ere, Major Hawley, 
Mr. Otis, Col. Brown, Col. Bowers, Mr. Adams, Col. Partridge, 
and Mr. Dexter.] 



112 MASSACHUSETTS STATE PAPERS. 



.RESOLVE . 

OF THE GENERAL COURT, MAKING PROVISION FOR THE REGULAR TfeOOPb, 
REFERRED TO IN THE GOVERNOR'S MESSAGE, MAY 18, JUNE 16, 1767. 

In the House of Representatives 5 his Excellency the Gover- 
nor having, by a message of the 28th of May last, acquainted the 
House of the arrival of twenty-seven recruits, under the command 
of Ensign Dalrymple, of his Majesty's fourteenth regiment of foot, 
now at Halifax, and having desired that the House would take or- 
der that proper provision might be made for them — 

Resolved, that such pi-ovision be made for these men, while they 
remain here, as has been heretofore usually made for his Majesty's 
regular troops, when occasionally in this province ; and that the 
Commissary General be, and he is hereby directed to see that this 
resolve be put in execution. 



[The speech of Governor Bernard, at the opening of the Janu- 
ary session, 1 768, related entirely to the running of the line be- 
tween this province and New York ; and New Hampshire and 

Maine.] 



RESOLVE 

OF THE HOUSE, CONCERNING THEIR CIRCULAR LETTER TO THE ASSEM- 
BLIES OF OTHER COLONIES, FEBRUARY 13, 1768. 

Whereas this House has directed, that a letter be sent to the 
several Houses of Representatives and Burgesses of the British 
colonies on the continent, setting forth the sentiments of the House, 
with regard to the great difficulties that must accrue by the opera- 
tion of divers acts of Parliament, for levying duties and taxes ou 
the colonies, with the sole and express purpose of raising a rev- 
enue, and their proceedings thereon, in a humble, dutiful and loyal 
petition to tiie King, and such representations to his Majesty's 
ministers,* as they apprehend may have a tendency to obtain 
redress : and whereas, it is the opinion of this House, that all 
ettectual metliods should be taken to cultivate harmony between the 
several branches of this government, as being necessary to promote 
the prosperity of his Majesty's government in the province ; 

Resolved, That Mr. Otis, Col. Preble, Col. Brown, Mr. Say- 

* These docunients will be found below in this volume. 






MASSACHUSETTS STATE PAPERS. 113 

wai'd, and Mr. Hall, be a committee to wait on his Excellency the 
Governor, and acquaint him that a copy of the letter aforesaid, 
will be laid before him, as well as of all the proceedings of this 
House relative to said affair, if he shall desire it: and that said 
committee humbly request, that his Excellency would be pleased 
to favor the House with a copy of the letter from the right honora- 
ble the Earl of Shelburne, lately read to the House by order of his 
Excellency, and his own letters to which it lefers.* 



MESSAGE 

FROM GOVERNOR BERNARD, TO THE HOUSE OP REPRESENTATIVES, I.V 
REPLY TO THE FOREGOING, FEBRUARY 16, 1768. 

Gentlemen of the House of Representatives, 

In answer to your message of the 13th instant, I find it neces- 
sary to inform you, that soon after the letter of the Earl of Shel- 
burne was read in your House, I ordered a copy of it to be given 
to the Speaker, to be used as he should think fit, upon condition that 
no other copy should be taken thereof. I am very willing that 
the copy in the Speaker's hands should be communicated to you, 
in any manner which is consistent with that restriction. 

I know of no letters of my own which I think can be of any use 
to you upon this occasion. 

1 quite agree with you, in opinion, that all effectual methods 
should be taken to cultivate harmony between the several branches 
of the legislature of this government, as being necessary to promote 
the prosperity of the province ; and I shall cheerfully join with 
you in all proper measures for so salutary a purpose. 

FRA. BERNARD. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S MESaAGE, 
FEBRUARY 18, 1768. 

Jlaij it please your Excellency^ 

Your message of the 16th instant has been read, and duly con- 
sidered, in the House of Representatives. The manner in which 
your Excellency was pleased to introduce into this House the let- 

* This letter was afterwards reluctantly laid before tke House by the Governor , and will 
be found in this volume bslow. 

15 



114: MASSACHUSETTS STATE PAVERS, 

ter from the right honorable the Earl of Shelburne by giving orders 
to the Secretary to read it without leaving a copy, appeared to be 
unprecedented and unparliamentary. But this made but a light 
impression on the House, when the members recollected, as far as 
they could, the unfavorable sentiments his Lordship thought him- 
self necessitated to entertain of the two Houses of this Assembly, 
and of some particular menjbers in this House, whose characters in 
the opinion of the House, stand unimpeachable. Under this ap- 
prehension, they thought it necessary, for their own vindication, 
humbly to request your Excellency to favor them with a copy of 
his Lordship's letter ; and as it appeared to them that his Lordship 
had formed his sentiments of the two Houses, and their members, 
from your own letters to which he referred, the House thought they 
could not do themselves and their members justice, unless they 
coi'.id be favrired with a sight of them also, and accordingly re- 
quested it ot vour Excellency. 

You are pleased to say that you know of no letters of your " own 
that you think can be of any use to the House upon this occasion." 
The House did not in their vote or message say what occasion 
they had to request them. But when his Lordship expressly says, 
that it appears from your several letters, that your negativing coun- 
sellors in the late elections was done with due deliberation and 
judgment, it is natural for the House to conclude that your Excel- 
lency had thought it convenient to give his Lordship the particular 
reasons you had for a measure so rare and extraordinary. These 
reasons seem to have prevailed to justify your Excellency ; for his 
Lordship acquaints you that his Majesty is graciously pleased to 
approve of your having exerted the power lodged in you by the 
constitution of the province. But unfortunately for the two Houses, 
his Lordship passes a diflerent judgment upon their conduct, and 
takes occasion to applaud tiie wisdom of those who framed the 
charter, in providing that a power should be placed in the Gov- 
ernor as an occasional check upon any indiscreet use of the right 
of electing counsellors. It evidently appears from this passage 
that his Majesty's minister has conceived an opinion of the two 
Houses as having made an indiscreet use of a charter right. The 
House were willing to be convinced that this opinion and other 
sentiments expressed in his Lordship's letter, which imply an high 
censure upon the two Houses, and upon particular members of 
this House, were rather inferences drawn from your letters, in 
which his Lordship might be liable to mistake, than the direct, ex- 
pressions of it. Had your Excellency been pleased to have favored 
them with the copies, they might have been of use upon the occa- 
sion, and satisfiictory to the House. But as you have thought 
proper to refuse them, they are left to conjecture with all possible 
candor, and appeal to the world. 

His Lordship is induced to believs that the Assembly have made 
an indiscreet use of their right of choosing counsellors to the ex- 



MASSACHUSETTS STATE PAPERS. 115 

elusion of the principal officers of government from the Board, 
•whose presence there as counsellors, so manifestly tends to facili- 
tate the course of public business, and who have therefore been be- 
fore this period usually elected ; and tliat they have thus exerted 
their light with a far diff'erent intention from that of promoting the 
reestablishment of tranquility, and evincing the duty and attach- 
ment of the colony towards Great Britain. The House would be 
glad to justify tins construction of his Lordship's letter, which is 
nearly in the words of it, by publishing it in their journals, but 
that is inconsistent with your Excellency's restrictions. This is 
not the first time that his Majesty's ministers, and even his Majes- 
ty himself, after having had before him your Excellency's letters 
and tlie inclosures, has thought it necessary to form an opinion of 
his loyal subjects of this province, as having a degree of ill temper 
prevailing among them. And your Excellency cannot be insensible 
that the present House have heretofore, for the sake of conciliat- 
ing the minds of the people, and restoring a unanimity to this 
General Court, requested your Excellency to give them the op- 
portunity of making it evident to their constituents that your let- 
ters had no tendency to induce such an opinion : and the House 
still think that nothing would tend more to promote the salutary 
purpose of cultivating an harmony between the several branches of 
this legislature, in which your Excellency expresses a disposition 
cheerfully to join with the House, than an open aud unreserved 
explanation to each other. For this purpose the House, in their 
message, assured you that they were ready to lay before you their 
humble petition to his Majesty, and their representations to his 
ministers, with all their other proceedings upon the important mat- 
ters that have been before them, at the same time they made their 
reasonable request of your Excellency's letters. 

After having recited so great a part of the sentiments of his Lord- 
ship's letter, no one can be astonished at the conclusion he is 
pleased to make; that under such circumstances it cannot be sur- 
prising, that his Majesty's Governor exerts the right entrusted to 
him by the same constitution, to the purpose of excluding those 
from the council, whose mistaken zeal may have led them into im- 
proper excesses, and whose private resentments (and his Lordship 
adds, he should be sorry to ascribe to them motives still more 
blanieable) may in your opinion further lead them to embarrass 
the administration, and endanger the quiet of the province. Surdy 
his Lordship would never have passed such a censure upon the two 
Houses of Assembly, nor upon particular gentlemen, altogether 
strangers to him, but upon what he thought to be the best authority. 
It is far beneath his character and dignity to give credit, or even 
to hearken to any account so prejudicial to the reputation of the 
province, and of particular persons, but what he receives from 
gentlemen in the highest stations in it. Your Excellency, then, 
must allow the House to believe, until they shall be convinced«to 



116 MASSACHUSETTS STATE PAPERS. 

the contrary, that your several letters, to which his Lordship re- 
fers, are so fully expressed, as to have lef this Lordship no room to 
suspect that he could be mistaken. 

In such a case, your Excellency cannot think that the House 
can remain in silence. They recommend to their injured mem- 
bers a becoming calmness and fortitude ; and take this occasion 
to bear testimony to their zeal for the honor of their King, and 
the rights of their constituents. But the character of the people 
whom this House represent, as well as their own honor, is at stake, 
and requires them to take every prudent measure for their own 
vindication. The House are truly soriy that this new occasion of 
mistrust and jealousy has happened; but they can never be so 
wanting to themselves, as to omit the opportunity of removing 
from his Lordship's mind, the unfavorable impressions which ap- 
pear by his letter ; and what is of much greater importance to 
them, of standing before their Sovereign in their own just charac- 
ter of loyal subjects. 



MESSAGE 

fRom -The governor, by the secretary, to the house of repre- 
sentatives, IN reference to the above, FEBRUARY 22, 1768. 

Mr. SiJeaker, 

I AM ordered by his Excellency to inform you, that, as this 
House has thought fit to permit their message of February 18th, 
containing extracts from the Secretary of State's letter, with ob- 
sei'vations upon it, to be printed in a common newspaper, it is to 
no purpose to continue the restriction against granting copies of 
such letters. He therefore, consents, that it may be entered on 
the journals of the House.* 

*■ February 24. The House passed the following resolve : Whereas his Excellency the Gov- 
ernor, ill his message to this House, by the Secretary, the 16th inst. was pleased to signify his 
apprehension, thai the House thought fit to permit their message of the IStli, containing ex- 
tracts from the Secretary of State s letter, with observations upon it, to be published in a 
common newspaper ; which, if it be not explained, may induce his Excellency further to ap- 
prehend, that the House are in breach of confidence with regard to the restrictions he w as 
pleased to lay them under, when he consented that the said letter should be perused in the 
House : Resolved, as the opinion of this House, that in order to make a pertinent and full 
answer to his Excellency's message of the 16th, it was necessary to recite some parts of hi» 
Lordsliip's letter : but that this House took no order with regard to the publishing of thcilf 
message coutaiuing such recital, ia a, couuuou newspaper. 



MASSACHUSETTS STATE PAPERS. 117 



letteh 

FROM LORD SHELBURNE, TO GOVERNOR BERNARD, COMMUNICATED TO THE 
HOUSE, FEBRUARY, 1768. 

TFIiitehall, September 17, 1767. 

SIR, 

I HAVE the pleasure to signify to you his Majesty's approba- 
tion of your conduct, and to acquaint you that lie is graciously 
pleased to approve of" your having exerted the power lodged in 
you, by the constitution of the province of Massachusetts Bay, of 
negativing counsellors in the late election, which appears from 
your several letters, to have been done with due deliberation and 
judgment. 

Those who framed the present charter, very wisely provided, 
that this power should be placed in the Governor, as an occasional 
check upon any indiscreet use of the right of electing counsellors, 
which was given by charter, to the Assembly, which might, at 
certain periods, by an improper exercise, have a tendency to dis- 
turb tlie deliberations of that part of the legislature, from whom 
the greatest gravity and moderation is more peculiarly expected. 
As long, therefore, as the Assembly shall exert their right of elec- 
tion, to the exclusion of the principal officers of government from 
the Council, whose presence there, as counsellors, so manifestly 
tend to facilitate the course of public business, and who have 
therefore been, before this period, usually elected, and Avhile in 
particular, they exclude men of such unexceptionable characters, 
as both the present Lieutenant Governor and Secretary, undoubt- 
edly are, and that too, at a time when it is more peculiarly the 
duty of all parts of the government to promote the reestabiishment 
of tranquility, and not Ibrego the least occasion of evincing the 
duty and attachment of the colony towards Great Britain. It 
cani\ot, under such circumstances, be surprising, that his Majesty's 
Governor exerts the right entrusted to him by the same constitu- 
tion, to the purpose of excluding those from the Council, whose 
mistaken zeal may have led them into improper excesses, and 
whose private resentments (I should be sorry to ascribe to them 
motives still more blameable.) may, in your opinion, further lead 
them to embarrass the administration, and endanger the quiet of 
the province. 

The dispute, which has arisen about the Lieutenant Governor's 
being present, without a voice, at the deliberations of the Council, 
is no otherwise important, than as it tends to show a warmth in 
the House of Representatives, which I am very soriy for. The 
question concerning his admission, seems to lie in the breasts of 
the Council only, as being the proper judges of their own privil- 



118 MASSACHUSETTS STATE PAPERS. 

eges, and as having the best right to determine whom they will 
admit to be present at their deliberations. 

I am to inform you, sir, that it is liis Majesty's resolution to ex- 
tend to you his countenance and protection in every constitutional 
measure, that shall be found necessary for the support of his gov- 
ernment in the Massachusetts Bay : And it will be your care and 
your duty, to avail yourself of such protection, in those cases only, 
where the honor and dlj^iiitij of his Mnjesty^s government is really, 
either mediately, or immediately, concerned. 

It is unnecessary to observe, that the nature of the English con- 
stitution is such as to furnish no real ground of jealousy to the 
colonies ; and where there is so large a foundation of confidence, 
it cannot be, but that accidental jealousies must subside, and things 
again return to their proper and natural course. The extremes, 
even of legal right, on either side, though sometimes necessary, 
are always inconvenient; and men of real property, who must be 
sensible that their own prosperity is connected with the tranquil- 
ity of the province, will not be inactive, and sulfer their quiet to 
be disturbed, and the peace and safety of the state endangered by 
the indiscretion or resentment of any. 

I am, with great regard, your obedient servant, 

SHELBURNE. 



MESSAGE 

FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, CON- 
CERNING A LIBELLOUS PARAGRAPH IN A NEWSPAPER, MARCH 1, 1768, 

Gentlemen of the Home of Representatives, 

I HAVE been used to treat the publications in the Boston Ga- 
zette, with the contempt they deserve ; but when they are carried 
to a length, which, if unnoticed, must endanger the very being of 
government, I cannot, consistently with the regard which I profess, 
and really have, for this province, excuse myself from taking no- 
tice of a publication in the Boston Gazette, of yesterday ; I have, 
therefore, consulted the Council thereupon, and have received 
their unanimous advice, that 1 should lay the said libellous paper 
before your House, as well as their Board. I have, therefore, or- 
dered the Secretary to communicate to j'-ou the said libellous pa- 
per, that you may take the same, with the circumstances attending 
it, into your serious consideration ; and do therein, as the majesty 
of the King, the ilignity of his government, the honor of this Gen- 
eral Court, and the true interest of this province shall require.* 

FRA. BERNARD. 

* The paragraph alluded to, was a low and scurrilous reflection on the Governor, similar 
to those whitii often appear in free coumrics, in times of high political excitement. It rep- 
resented some one, (meaning Governor Bernard, no doubt,) as a tyrant, aiming to enslave 
the people, &c, but charging him with no personal immorality. 



■'9^, 



MASSACHUSETTS STATE TAPERS. 119 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM 
THE GOVERNOR, MARCH 3, 1763. 

May it please your Excellency^ 

In duty and great respect to his Majesty's representative and 
Govei nor of the province, this House have given all due attention 
to your message, of the first instant. You are pleased to recom- 
tnend to their serious consideration, a publication in the Boston 
Gazette, of Monday last, as being carried to a length, which, if 
unnoticed, must endanger the very being of government. In this 
view, your Excellency, in the notice you have taken of it, without 
doubt, acted consistently with the regard to this province, which 
you profess. 

We are sorry that any publication in the newspapers, or any 
other cause, should give your Excellency an apprehension of dan- 
ger to the being or dignity of liis Majesty's government here. But 
this House, after examination into the nature and importance of 
the paper referred to, cannot see reason to admit of such conclu- 
sion as your Excellency has formed. No particular person, pub- 
lic or private, is named in it. And as it does not appear to the 
House, that any thing contained in it, can aft'ect the majesty of the 
King, the dignity of the government, the honor of the General 
Court, or the true interest of the province, they think they may 
be fully justified in their determination to take no further notice 
of it. 

The liberty of the press is the great bulwark of the liberty of 
the people. It is, therefore, the incumbent duty of those who are 
constituted the guardians of the people's rights, to defend and 
maintain them. This House, however, as one branch of the legis- 
lature, in which capacity alone they have any authority, are ready 
to discountenance an abuse of this privilege, whenever there shall 
be occasion for it. Should the proper bounds of it, at any time, 
be transgressed, to the prejudice of individuals, or the public, it is 
their opinion, at present, that provision is already made for the 
punishment of offenders, in the common couise of the law. This 
provision, the House apprehend, in the present state of tranquil- 
lity in the province, is sufficient, without the interposition of the 
General Assembly ; which, however, it is hoped, will, at all times, 
be both ready and willing to support the executive power in the 
due administration of justice, whenever any extraordinary aiil 
shall become needful. 



120 MASSACHUSETTS STATE PAPERS. 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, MARCH 4, 1768. 

Gentlemen of the House of Representatives, 

The moderation and good temper which appeared to regulate 
your conduct at the opening of this session, so flattered me, that I 
promised myself that the like disposition would have continued to 
the end of it. But I am sorry to find that the lovers of contention have 
shewed themselves not so intent upon preventing it, as upon waiting 
for a fit opportunity to revive it. The extraordinary and indecent 
observations which have been made upon the Secretary of State's let- 
ter, wrote, as I may say, in presence of the King himself, will fully 
justify this suggestion. The causes of the censure therein containetl, 
have been specifically assigned, and set forth in the letter itself. 
These causes, are facts universally known, and no where to be de- 
nied ; they are considered in the letter as the sole causes of the 
censure consequent thereto; and there was no occasion to resort 
to my letters, or any other letters for other reasons for it. If you 
think that this censure is singular, you deceive yourselves ; and 
you are not so well informed of what passes at Westminster as 
you ought to be, if you do not know that it is as general and ex- 
tensive as the knowledge of the proceedings to which it is applied ; 
and, therefore, all your insinuations against me, upon false suppo- 
sitions of my having misrepresented you, are vain and groundless, 
when every effect is to be accounted for from a plain narrative of 
facts, which must have appeared to the Secretary of State, from 
3'^our own journals. It is not, therefore, me, gentlemen, that you 
call to account; it is the noble writer of the letter himself, the 
King's minister of state, who has taken the liberty to find fault 
with the conduct of a party in your Assembly. 

Nor am I less innocent of the making this letter a subject of 
public resentment. When, upon the best advice, I found myself 
obliged to communicate it to you, I did itin such a manner, that 
it might not, and would not, if you had been pleased, have trans- 
pired out of the General Court. Prudent men, moderate men, 
would have considered it as an admonition, rather than a censure, 
and have made use of it as a means of reconciliation, rather than 
of further distraction. But there are men to whose .being, (I mean 
the being of their importance) everlasting contention is necessary. 
And by these has this letter been dragged into public, and has 
been made the subject of declamatory observations ; which, to- 
gether with large extracts of the letter itself, have immediately 
after been carried to the press of the publishers of an infamous 
newspaper ; notwithstanding the letter had been communicated 
in confidence, that no copy of it should be permitted to be taken. 



MASSACHUSETTS STATE PAPERS. 121 

So little have availed the noble Lord's intention of pointing out 
the bieans of restoring peace and harmony to this government, 
and my desire to pursue such salutary purpose, to the utmost of 
my power. 

Having said thus much to vindicate myself, which every honest 
man has a right to do, I must add, that 1 have done nothing on my 
part to occasion a dispute between me and your House ; it has 
been forced upon me, by particular persons, for their own purposes. 
I never will have any dispute with the Representatives of this 
good people, which I can prevent, and will always treat tliem with 
due regard, and Mill render them real service, when it is in my 
power. Time and experience will soon pull the masks off those 
false patriots, who are sacrificing their country to the gratification 
of their own passions. In the mean while I shall, with more firm- 
ness than ever, if it is possible, pursue that steady conduct, which 
the service of the King, and the preservation of this government, 
so forcibly demand of me. And I shall, above all, endeavor to 
defend this injured country from the imputations which are cast 
upon it, and the evils which threaten it, arising from the machina- 
tions of a few, very few, discontented men, and by no means to be 
charged on the generality of the people. 

Gentlemen of the Council, 

I return you thanks for your steady, uniform, and patriotic con- 
duct during this whole session, which has shewn you impressed 
with a full sense of your duty, both to your King and to your coun- 
try. The unanimous example of men of your respectable charac- 
ters, cannot fail of having great weight to engage the people, in 
general, to unite in proper means to put an end to the dissention 
which has so long harrassed this province in its internal policy, and 
disgraced it in its reputation abroad. I shall not fail to make a faith- 
ful representation to his Majesty of your merit upon this occasion. 

FRA. BERNARD. 



PETITION TO THE KING, 

FROM THE HOUSE OF REPRESENTATIVES OF THE PROVINCE OF MASSACHU. 

SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, 

JANUARY 20, 1768. 

Most Gracious Sovereign, 

Your Majesty's faithful subjects, the Representatives of your 
province of the Massachusetts Bay, with the warmest sentiments 
of loyalty, duty, and affection, beg leave to approach the throne, 
16 



122 MASSACHUSETTS STATE PAPERS. 

and to lay at your Majesty's feet, their humble supplications, in 
behalf of your distressed subjects, the people of this province. 

Our ancestors, the first settlers of this country, having, with the 
royal consent, which, we humbly apprehend, involves the consent 
of the nation, and at their own great expense, migrated from the 
mother kingdom, took possession of this land, at that time a wild- 
erness, the right whereof they purchased, for a valuable consider- 
ation, of tlie council established at Plymouth, to whom it had been 
granted bv your Majesty's royal predecessor, King James the 
First. 

From the principles of loyalty to their Sovereign, which will 
ever warm the breast of a true subject, though remote, they ac- 
knowledged their allegiance to the English Crown : And your 
Majesty will allow us, with all humility to say, that they and their 
posterity, even to this time, have aftbrded frequent and signal 
proofs of their zeal for the honor and service of their Prince, and 
their firm attachment to the parent country. 

With toil and fatigue, perhaps not to be conceived by their 
brethren and fellow subjects at home, and with the constant peril 
of their lives, from a numerous, savage and war-like race of men, 
they began their settlement, and God prospered them. 

They obtained a charter from King Charles the First, wherein 
his Majesty was pleased to grant to them, and their heirs and as- 
signs forever, all the lands therein described, to hold of him and 
his royal successors, in fee and common soccage ; which we humbly 
conceive, is as absolute an estate, as the subject can hold under 
the Crown. And in the same charter, were granted to them and 
their posterity, all the rights, liberties, privileges, and immunities 
of natural subjects, born within the realm. 

This charter they enjoyed, having, as we most humbly conceive, 
punctually complied with all the conditions of it, till in an unhappy 
time, it was vacated. But after the revolution, when King Wil- 
liam and Queen Mary, of glorious and blessed memory, were 
established on the throne — in that happy reign, when to tlie joy of 
the nation and its dependencies, the crown was settled in your 
Majesty's illustrious family, the inhabitants of this province shared 
in the common blessing. They then were indulged with another 
charter, in which their Majesties were pleased, for themselves, 
their heirs and successors, to grant and confirm to them as ample 
estate in the lands or territories, as was granted by the former- 
charter, together with other the most essential rights and liberties 
contained therein ; the principal of which is, that which your Ma- 
jesty's subjects within the realm have held a most sacred right, of 
being taxed only by representatives of their own free election. 

Thus blessed with the rights of Englishmen, through the indul- 
gent smiles of Heaven, and under the auspicious government of 
your Majesty and your royal predecessors, your people of this 
province have been happy, and your Majesty has acquired a nuuie- 



¥ 



MASSACHUSETTS STATE PAPERS. 123 

rous increase of loyal subjects, a large extent of dominion, and a 
new and inexhaustible source of commerce, wealth and glory. 

With great sincerity, permit us to assure your Majesty, that 
your subjects of this province, ever have, and still continue to ac- 
knowledge your Majesty's High Court of Parliament the supreme 
legislative power of the whole empire ; the superintending au- 
thority of which is clearly admitted in all cases, that can consist 
with the fundamental rights of nature and the constitution ; to 
which your Majesty's happy subjects, in all parts of your empire, 
conceive they have a just and equitable claim. 

It is with the deepest concern, that your humble suppliants 
would represent to your Majesty, that your Parliament, the recti- 
tude of whose intentions is never to be questioned, has thought 
proper to pass divers acts, imposing taxes on your Majesty's sub- 
jects in America, with the sole and express purpose of raising a 
revenue. If your Majesty's subjects here siiall be deprived of the 
honor and privilege of voluntarily contributing their aid to your 
Majesty, in supporting your government and authority in the pro- 
vince, and defending and securing your rights and territories in 
America, which they have always hitherto done with the utmost 
cheerfulness ; if these acts of Parliament shall remain in force, 
and your Majesty's Commons in Great Britain shall continue to 
exercise the power of granting the property of their fellow sub- 
jects in this province, your people must then regret their unhappy 
fate in having only the name left of free subjects. 

With all humility we conceive that a representation of your 
Majesty's subjects of this province in the Parliament, considering 
their local circumstances, is utterly impracticable. Your Majesty 
has heretofore been graciously pleased to order your requisitions 
to be laid before the Representatives of your people in the General 
Assembly, who have never failed to afford the necessary aid, to the 
extent of their ability, and sometimes beyond it ; and it would be 
grievous to your Majesty's faithful subjects to be called upon in a 
way, that should appear to them to imply a distrust of their most 
ready and willing compliances. 

Under the most sensible impressions of your Majesty's wise and 
paternal care for the remotest of your faithful subjects, and in full 
dependence on the royal declarations in the charter of this pro- 
vince, we most humbly beseech your Majesty to take our present 
unhappy circumstances under your royal consideration, and afford 
us i-elief in such a manner as in your Majesty's great wisdom and 
clemency shall seem meet. 



P 



124 MASSACHUSETTS STATE PAPERS. 



V LETTER 

FROM THE HOUSE OF REPRESENTATIVES, TO D. DE BERDT, ESQ. AGENT 
FOR THE PROVINCE, IN ENGLAND; JANUARY 12, 1768. 

SIR, 

Since the last sitting of the General Court, divers acts of Par- 
liament, relating to the colonies, have arrived here i and as the peo- 
ple of this province had no share in the framing those laws, in 
which they are so deeply interested, the House of Representatives, 
who are constitutionally entrusted by them, as the guardians of 
their rights and liberties, have thought it their indispensable duty^ 
carefully to peruse them; and having so done, to point out such 
matters in them, as appear to be grievous to theii* constituents, and 
to seek redress. 

The fundamental rules of the constitution are the grand security 
of all British subjects ; and it is a security which they are all 
equally entitled to, in all parts of his Majesty's extended domin- 
ions. The supreme legislative, in every free state, derives its 
power from the constitution ; by the fundamental rules of which, 
it is bounded and circumscribed. As a legislative power is essen- 
tially requisite, where any powers of government are exercised, it 
is conceived, the several legislative bodies in America were erect- 
ed, because their existence, and the free exercise of their power, 
within their several limits, are essentially importent and necessary, 
to preserve to his Majesty's subjects in America, the advantages 
of the fundamental laws of the constitution. 

When we mention the rights of the subjects in America, and the 
interest we have in the British constitution, in common with all 
other British subjects, we cannot justly be suspected of the most 
distant thought of an independency on Great Britain. Some, we 
know, have imagined this of the colonists, and others may, perhaps, 
have industriously propagated it, to raise groundless and unrea- 
sonable jealousies of them ; but it is so far from the truth, that we 
apprehend the colonies would refuse it if oftered to them, and 
would even deem it the greatest misfortune to be obliged to ac- 
cept it. They are far from being insensible of their happiness, in 
being connected with the mother country, and of the mutual ben- 
efits derived from it to both. It is, therefore, the indispensable 
duty of all, to cultivate and establish a mutual harmony, and to 
promote the intercourse of good offices between them ; and while 
both have the free enjoyment of the rights of our happy constitu- 
tio:i, there will be no grounds of envy and discontent in the one, 
nor of jealousy and mistrust in the other. 

It is the glory of tlie British constitution, that it hath its found- 
ation in the law of God and nature. It is an essential, natural 
right, that a man shall quietly enjoy, and have the sole disposal ol' 



MASSACHUSETTS STATE PAPERS. 125 

his own property. This right is adopted into the constitution. 
This natural and constitutional right is so familiar to the Ameri- 
can subjects, that it would be difficult, if possible, to convince 
them, that any necessity can render it just, equitable and reason- 
able, in the nature of things, that the Parliament should impose 
duties, subsidies, talliages, and taxes upon them, internal or ex- 
ternal, for the sole purpose of raising a revenue. The reason is 
obvious ; because, they cannot be represented, and therefore, their 
consent cannot be constitutionally had in Parliament. 

When the Parliament, soon after the repeal of the stamp act, 
thought proper to pass another act, declaring the authority, power, 
and right of Parliament, to make laws that should be binding on 
the colonies, in all cases, whatever, it is probable that acts for levy- 
ing taxes on the colonies, external and internal, were included ; for 
the act made the last year, imposing duties on paper, glass, &c. as 
well as the sugar acts and the stamp act, are, to all intents and 
purposes, in form, as well as in substance, as much revenue acts, 
as those for the land tax, customs and excises in England. The 
necessity of establishing a revenue in America, is expressly men- 
tioned in the preambles ; they were originated in the honorable 
House of Commons, as all other money and revenue bills are ; and 
the property of the colonies, with the same form, ceremony and 
expressions of loyalty and duty, is thereby given and granted "to his 
Majesty, as they usually give and grant their own. But we hum- 
bly conceive, that objections to acts of this kind, may be safely, if 
decently made, if they are of dangerous tendency in point of com- 
merce, policy, and the true and real interest of the whole empire. 
It may, and if it can, it ought to be made to appear, that such acts 
are grievous to the subject, burthensome to trade, ruinous to the 
nation, and tending on the whole to injure the revenue of the 
Crown. And surely, if such mighty inconveniencies. Is, and 
mischiefs, can be pointed out with decency and perspic ly, there 
will be the highest reason not only to hope for, but fully to expect 
redress. 

It is observable, that though many have disregarded life, and 
contemned liberty, yet there are few men who do not agree that 
property is a valuable acquisition, which ought to be held sacred. 
Many have fought, and bled, and died for this, who have been in- 
sensible to all other obligations. Those who ridicule the ideas of 
right and justice, faith and truth among men, will put a high value 
upon money. Property is admitted to have an existence, even in 
the savage state of nature. The bow, the arrow, and the toma- 
hawk ; the hunting and the fishing ground, are species of^jroperty, 
as important to an American savage, as pearls, rubies and dia- 
monds are to the Mogul, or a Nabob in the East, or the lands, 
tenements, hereditaments, messuages, gold and silver of the Euro- 
peans. And if property is necessary for the support of savage 
life, it is by no means less so in civil society. The Utopian scheme* 



126 MASSACHUSETTS STATE PAPERS. 

of levelling, and a community of good's, are as visionary and im-' 
practicable, as those Avhich vest all property in the Crown, are ar- 
bitrary, despotic, and in our government unconstitutional. Now, 
what property can the colonists be conceived to have, if their mo- 
ney may be granted away by others, without their consent ? This 
most certainly is the present case ; for they were in no sense rep- 
resented in Parliament, when this act for raising a revenue in 
America was made. The stamp act was grievously complained of 
by all the colonies ; and is there any I'eal dift'erence between this 
act and the stamp act ? They were both designed to raise a reve- 
nue in America, and in the same manner, viz. by duties on cer- 
tain commodities. The payment of the duties imposed by the 
stamp act, might have been eluded by a total disuse of the stamped 
paper ; and so may the payment of these duties, by the total dis- 
use of the articles on which they are laid ; but in neither case, 
without difficulty. Therefore, the subjects here, are reduced to 
the hard alternative, either of being obliged totally to disuse arti- 
cles of the greatest necessity, in common life, or to pay a tax 
without their consent. 

The security of right and property, is the great end of govern- 
ment. Surely, then, such measures as tend to render right and 
property precarious, tend to destroy both property and govern- 
ment ; for these must stand and fall together. It would be diffi- 
cult, if possible, to show, that the present plan of taxing the colo- 
nies is more favorable to them, than that put in use here, before 
the revolution. It seems, by the event, that our ancestors were, 
in one respect, not in so melancholy a situation, as wc, their pos- 
terity, are. In those times, the Crown, and the ministers of the 
Crown, without tlie intervention of Parliament, demolished char- 
ters, and levied taxes on the colonies, at pleasure. Governor An- 
dross, in the time of James II. declared, that wherever an English- 
man sets his foot, all he hath is the King's ; and Dudley declared, 
at the Council Board, and even on the sacred seat of justice, that 
the privilege of Englishmen, not to be taxed without their consent, 
and the laws of England, would not follow them to the ends of the 
earth. It was, also, in those days, declared in Council, that the 
King's subjects in New England did not differ much from slaves ; 
and that the only dift'erence was, that they were not bought and 
sold. But there was, even in those times, an excellent Attorney 
General, Sir William Jones, who was of another mind ; and told 
King James, that he could no more grant a commission to levy 
money on his subjects in Jamaica, though a conquered island, 
without tlieir consent, by an Assembly, than they could discharge 
themselves from their allegiance to the English Crown. But the 
misfortune of the colonists at present is, that tliey are taxed by 
Parliament, without their consent. This, while the Parliament 
continues to tax us, will ever render our case, in one respect, 
more deplorable and remediless, under the best of Kings, than 



MASSACHUSETTS STATE PAPERS. 127 

that of our ancestors was, under the worst- They found relief by 
the interposition of Parliament. But by the intervention of that 
very power, we are taxed, and can appeal for relief, from their 
jRnal decision, to no power on earth ; for there is no power on 
earth above tliem. 

The original contract between the King and the first planters 
here, was a royal promise in behalf of the nation, and which till 
very lately, it was never questioned but the King had a power to 
make ; namely, that if the adventurers would, at their own cost 
and charge, and at the hazard of their lives and every thing dear 
to them, purchase a new world, subdue a wilderness, and thereby 
enlarge the King's dominipns, they and their posterity should en- 
joy such rights and privileges as in their charters are expressed ; 
v/hich are, in general, all the rights, liberties and privileges of his 
Majesty's natural born subjects within the realm. The principal 
privilege implied, and in some of their charters expressed, is a free- 
dom from all taxes, but such as they shall consent to in person, or 
by representatives of their own free choice and election. The late 
King James broke the original contract of the settlement and gov- 
ernment of these colonies ; but it proved happy for our ancestors 
in the end, that he had also broken the original compact with his 
three kingdoms. This left them some gleam of hope ; this very 
thing, finally, was the cause of deliverance to the nation and the 
colonies, nearly at the same time ; it was the Parliament, the su- 
preme legislative and constitutional check on the supreme execu- 
tive, that in time operated effects worthy of itself ; the nation and 
her colonies have since been happy, and our princes patriot Kings. 
The law and reason teaches, that the King can do no wrong ; and 
that neither King nor Parliament are otherwise inclined than to 
justice, equity and truth. But the law does not presume that the 
King may not be deceived, nor that tlie Parliament may not be 
misinformed. If, therefore, any thing is wrong, it must be imputed 
to such causes. How far such causes have taken place and operated 
against the colonies, is humbly submitted to the revision and re-! 
consideration of all. 

By the common law, the colonists are adjudged to be natural 
born subjects. So they are declared by royal charter ; and they 
are so, by the spirit of the law of nature and nations. No jurist, 
Avho has the least regard to his reputation in the republic of let- 
ters, will deny that they are entitled to all the essential rights, 
liberties, privileges and immunities, of his Majesty's natural sub- 
jects, born within the realm. The children of his Majesty's natu- 
ral born subjects, born passing and repassing the seas, have, by 
feundry acts of Parliament, from Edward the Third to this time, 
been declared natural born subjects; and even foreigners, residing 
a certain time in the colonies, are, by acts of Parliament, entitled 
to all the rights and privileges of natural born subjects. And it is 
remarkable, that the Act of 13 Geo. II. chap. 7, presupposes that 



128 MASSACHUSETTS STATE PAPERS. 

the colonists are natural born subjects ; and that they are entitled 
to all the privileges of such 5 as appears by the preamble, which we 
shall now recite. " Whereas the increase of people is the means 
of advancing the wealth and strength of any nation or country ; 
and wliereas many foreigners and strangers, from the lenity of our 
government and purity of our religion, the benefit of our laws, the 
advantages of our trade, and the security of our property, might 
be induced to come and settle in some of his Majesty's colonies in 
America, if they were made partakers of the advantages and priv- 
ileges which natural born subjects of this realm do enjoy." Which 
plainly shows it to be the sense of the nation, that the colonies 
were entitled to, and did actually enjoy, the advantages and priv- 
ileges of natural born subjects. But if it could be admitted as 
clearly consistent with the constitution, for the Parliament of 
Great Britain to tax the property of the colonies, we presume it 
can be made to appear to be utterly inconsistent with the rules of 
equity that they should, at least at present. It must be consider- 
ed, that by acts of Parliament, the colonies are prohibited from 
importing commodities of the growth or manufactuie of Europe, 
except from Great Britain, saving a few articles. This gives the 
advantage to Great Britain of raising the price of lier commodities, 
and is equal to a tax. It is too obvious to be doubted, that by the 
extraordinary demands from the colonies of the manufactures of 
Britain, occasioned by this policy, she reaps an advantage of at 
least twenty per cent, in the price of them, beyond what the colo- 
nies'might purchase them for at foreign markets. The loss, there- 
fore, to the colonists, is equal to the gain which is made in Britain. 
This in reality is a tax, though not a direct one ; and admitting 
that they take annually from Great Britain, manufactures to the 
value of two millions sterling, as is generally supposed, they then 
pay an annual tax of four hundred thousand pounds, besides the 
taxes which are directly paid on those manufactures in England. 
The same reasoning will hold good with respect to the many enu- 
merated articles of their produce, which the colonies are restrain- 
ed, by act of Parliament, from sending to any foreign port. By this 
i-estraint, the market is glutted, and consequently the produce sold, 
is cheaper ; which is an advantage to Great Britain, and an equal 
loss to, or tax upon, the colonists. Is it reasonable, then, that the 
colonies should be taxed on the British commodities here ^ espe- 
cially when it is considered, that the most of them settled a wil- 
derness, and, till very lately, defended their settlements without 
a farthing's expense to the nation. They bore their full propor- 
tion of the charges of securing and maintaining his Majesty's rights 
in America, in every war from their first settlement, without any 
consideration ; for the grants of Parliament in the last war were 
compensations for an overplus of expense on their part. Many of 
them, and this province in particular, have always maintained their 
own frontiers at their own expense 5 and have also frequently de- 



MASSACHUSETTS STATE PAPEHS. 129 

fended his Majesty's garrison at Annapolis, when it must other- 
wise have been unavoidably lost. The nation, in the late war, 
acquired lands equal in value to all the expense she has been at iu 
America, from its settlement ; while the trade of the colonies has 
been only "secured and restricted;" it has not been enlarged, 
though new avenues of beneficial commerce have been opened to 
the mother country. The colonies have reaped no share in the 
lands which they helped to conquer, while millions of acres of those 
very lands have been granted, and still are granting, to people who, 
in all probability, will never see, if they settle them. 

The appropriation of the monies, to arise by these duties, is an 
objection of great weight. It is, in the first place, to be applied for 
the payment of the necessary charges of the administration of 
justice, and the support of civil government, in such colonies where 
it shall be judged necessary. This House apprehends it would be 
grievous, and of dangerous tendency, if the Crown should not only 
appoint Governors over the several colonies, but allow the^n such 
stipends as it shall judge proper, at the expense of the people, and 
without their consent. Such a power, under a corrupt adminis- 
tration, it is to be feared, would introduce an absolute government 
in America; at best, it would leave the people in a state of utter 
uncertainty of their security, which is far from being a state of civil 
liberty. The Judges in tlie several colonies do not hold their com- 
missions during good behavior. If then they are to have salaries 
independent of the people, how easy will it be for a corrupt Gov- 
ernor to have a set of Judges to his mind, to deprive a bench of 
justice of its glory, and the people of their security. If the Judges 
of England have independent livings, it must be remembered, 
that the tenure of their commission is during good behavior, which 
is a safeguard to the people. And besides, they are near the 
throne, the fountain of right and justice ; whereas American Judg- 
es, as well as Governors, are at a distance from it. Moreover, it 
is worth particular notice, that in all disputes between power and 
liberty in America, there is danger that the greatest credit will 
always be given to the officers of the Crown, who are the men in 
power. This we have sometimes found by experience ; and it is 
much to be feared, that the nation will fall into some- dangerous 
mistake, if she has not already, by too great attention to the repre- 
sentations of particular persons, and a disregard to others. 

But the residue of these monies is to be applied by Parliament, 
from time to time, for defending, protecting and securing the colo- 
nies. If the government at home is apprehensive that the colonists 
will be backward in defending themselves and securing his Majes- 
ty's territories in America, it must have been egregiously misin- 
formed. We need look back no farther than the last war, for 
evidence of a contrary disposition. They always discovered the 
most cheerful compliance with his Majesty's requisitions of men 
and monev for this purpose. They were then treated as free Brit- 
17 



130 MASSACHUSETTS STATE PAPERS. 

ish subjects, and never failed to grant aid to his Majesty of their 
own free accord, to the extent of their ability, and even beyond it ; 
of which the Parliament were then so sensible, that they made 
them grants, from year to year, by way of compensation for extra 
services. It is not at all to be doubted, but if they are still con- 
sidered upon the footing of subjects, they will always discover the 
same disposition to exert themselves for his Majesty's service and 
their own defence ; which renders a standing army in the colonies 
a needless expense. Or, if it be admitted that there may be some 
necessity for them in the conquered province of Canada, where the 
exercise of the Romish religion, so destructive to civil society, is. 
allowed, surely there can be no need of them in the bowels of the 
old colonies, and even in cities, where there is not the least dan- 
ger of a foreign enemy, and where the inhabitants are as strongly 
attached to his Majesty's person, family and government, as in 
Great Britain itself. There is an English affection in the colonists 
towards the mother country, which will forever keep them con- 
nected with her, to every valuable purpose, unless it shall be erased 
by repeated unkind usage on her part. As Englishmen, as well as 
British subjects, they have an aversion to an unnecessary standing 
army, which they look upon as dangerous to their civil liberties ; 
and considering the examples of ancient times, it seems a little 
surprising, that a mother state should trust large bodies of mer- 
cenary troops in her colonies, at so great a distance from her, lest, 
in process of time, when the spirits of the people shall be depress- 
ed by the military power, another Caesar should arise and usurp 
the authority of his master. 

The act enabling his Majesty to appoint Commissioners of the 
Customs' to reside in America, has also been read in the House. It 
declai'es an intention to facilitate the trade of America, of which 
■we cannot have any great hopes, from the tenor of the commission. 
In general, innovations are dangerous ; the unnecessary increase 
of Crown Officers is most certainly so. These gentlemen are au- 
thorized to appoint as many as they shall think proper, without 
limitation. This will probably be attended with undesirable ef- 
fects. An host of pensioners, by the arts they may use, may in 
time become as dangerous to the liberties of the people as an army 
of soldiers ; for there is a Way of subduing a people by art, as well 
as by arms. We are happy and safe under his present Majesty's 
mild and gracious administration ; but the time may come, when 
the united body of pensioners and soldiers may ruin the liberties 
of America. The trade of the colonies, we apprehend, may be as 
easily carried on, and the acts of trade as duly enforced, without 
this commission ; and, if so, it must be a very needless expense, 
at a time when the nation and her colonies are groaning under 
debts contracted in the late war, and how far distant another may 
be, Grod only knows. 



MASSACHUSETTS STATE PAPERS. 131 

There is another act, which, this House apprehends, must be 
alarming to all the colonies ; which is the act for suspending the 
legislative power of the Assembly of New York on a certain con- 
dition. A legislative body, without the free exercise of the pow- 
ers of legislation, is to us incomprehensible. There can be no 
material difference between such a legislative and none at all. It 
cannot be said, that the Assembly of New York hath the free ex- 
ercise of legislative power, while their very existence is suspended 
upon their acting in conformity to the will of another body. Such 
a restriction throughout the colonies, would be a short and easy 
method of annihilating the legislative powers in America, and by 
consequence of depriving the people of a fundamental right of the 
constitution, namely, that every man shall be present in the body 
which legislates for him. 

It may not be amiss to consider the tendency of a suspension of 
colony legislation for non compliance with acts of Parliament, re- 
quiring a Provincial Assembly to give and grant away their own 
and their constituents money for the support of a st&nding army. 
We cannot but think it hard enough to have our property granted 
away without our consent, without being ordered to deal it out 
oursejves, as in the case of the mutiny act. It must be sufficiently 
humiliating to part with our property in either of those ways, 
much more in both ; whereby, as loyal subjects as any under his 
Majesty's government, and as true lovers of their country as any 
people whatever, are deprived of the honor and merit of voluntari- 
ly contributing to the service of both. What is the plain language 
of such a suspension ^ We can discover no more nor less in it than 
this : If the American assemblies refuse to grant as much of their 
own and their constituents money, as shall from time to time be 
enjoined and prescribed by the Parliament, besides what the Par- 
liament directly taxes them, they shall no longer have any legisla- 
tive authority ; but if they comply with what is prescribed, they 
may still be allowed to legislate under their charter restrictions. 
Does not political death and annihilation stare us in the face as 
strongly on one supposition as the other ? Equally, in case of com- 
pliance as of non compliance. 

But let us suppose, for a moment, a series of events taking 
place, the most favorable in the opinion of those who are so fond 
of these new regulations ; that all difficulties and scruples of con- 
science were removed, and that every Representative in America 
should acknowledge a just and equitable right in the Commons of 
Great Britain, to make an unlimited grant of his and his constitu- 
ents property ; that they have a clear right to invest the Crown 
with all the lands in the colonies, as effectually as if they had 
been forfeited. Would it be possible for them to conciliate 
their constituents to such measures ? Would not the attempt 
suddenly cut asunder all confidence and communication be- 
tween the representative body and the people ? What, thenj 



132 MASSACHUSETTS STATE PAPERS. ' 

would be tlie consequence ? Could any thing be reasonably ex- 
pected but discontent, despair and rage, against their representa- 
tives, on the side of the people, and on the part of government, 
the rigorous exertion of civil and military power P The confusion 
and misery, after such a fatal crisis, cannot be conceived, much 
less described. 

The present regulations and proceedings, with respect to the 
colonies, we apprehend to be opposite to every px-inciple of good 
and sound policy. A standing army, in time of profound peace, 
is naturally productive of uneasiness and discontent among the 
people ; and yet the colonies, by the mutiny act. are ordered and 
directed to provide certain enumerated articles ; and the pains and 
penalties, in case of non compliance, are evident, in the precedent 
of New York. It also appears, that revenue officers are multiply- 
ing in the colonies, with vast powers. The Board of Commission- 
ers, lately appointed to reside here, have ample discretionary 
powers given them, to make what appointments they please, and 
to pay the appointees what sums they please. The establishment 
of a Protestant Episcopate, in America, is also very zealously con- 
tended for ; and it is very alarming to a people, whose fathers, 
from the hardships they suffered, under such an establishment, 
were obliged to fly their native country into a wilderness, in order 
peaceably to enjoy their privileges, civil and religious. Their 
being threatened with tlie loss of both at once, must throw them 
into a disagreeable situation. We hope in God such an estab- 
lishment will never take place in America, and we desire you 
would strenuously oppose it. The revenue raised in America, 
for ought we can tell, may be as constitutionally applied towards 
the support of prelacy, as of soldiers and pensioners. If the pro- 
perty of the subject is taken from him, without his consent, it is 
immaterial whether it be done by one man, or five hundred ; or 
whether it be applied for the support of ecclesiastic or military 
power, or both. It may be well worth the consideration of the 
best politician in Great Britain or America, what the natural ten- 
dency is of a vigorous pursuit of these measures. We are not in- 
sensible tliat some eminent men, on both sides the water, are less 
friendly to American charters and assemblies, than could be 
wished. It seems to be growing fashionable to treat them, in com- 
mon conversation, as well as in popular publications, with con^ 
tempt. But if we look back a few reigns, we shall find that even 
the august assembly, the Parliament, was, in every respect, the ob- 
ject of a courtier's reproach. It was even an aphorism with King 
James the First, that the Lords and Commons were two verv bad 
copartners with a Monarch ; and he and his successors broke the 
copartnership as fast as possible. It is certainly unnatural for a 
British politician to expect, that ever the supreme executive of the 
nation can long exist, after the supreme legislative shall be de- 
pressed and destroyed, which may God forbid. If the supreme 



MASSACHUSETTS STATE PAPERS. 133 

executive cannot exist long in Britain, without the support of the 
supreme legislative, it should seem very reasonable, in order to 
support the same supreme executive, at the distance of a thousand 
transmarine leagues from the metropolis, there should be, in so 
remote dominions, a free legislative, within their charter limita- 
tions, as well as an entirely free representative of the supreme ex- 
ecutive of his Majesty, in the persons of Governors, Judges, Justi- 
ces, and other executive officers ; otherwise strange effects are to 
be appreliended ; for the laws of God and nature are invariable. 
A politician may apply or misapply these to a multiplicity of pur- 
poses, good or bad ; but these laws were never m,ade for politicians 
to alter. Should the time ever come, when the legislative assem- 
blies of North America sh^ll be dissolved and annihilated, no more 
to exist again, a strange political phenomenon will probably ap- 
pear. All laws, both of police and revenue, must then be made by 
a legislative, at such a distance, that without immediate inspira- 
tion, the local and other circumstances of the governed, cannot 
possibly be known to those who give and grant to the Crown, what 
part of the property of their fellow subjects they please. There 
will then be no Assemblies to support the execution of such laws : 
and, indeed, while existing, by what rule of law or reason, are the 
members of the Colony Assemblies executive officers ? They have, 
as Representatives, no commission but from their constituents ; 
and it must be difficult to show, why they are more obliged to ex- 
ecute acts of Parliament, than such of their constituents, as hold 
no commissions from the Crown. The most that can be expected 
from either, is submission to acts of Parliament ; or to aid the offi- 
cers, as individual, or part of the posse comitatus, if required. It 
would seem strange to call on the Representatives, in any other 
way, to execute laws against their constituents and themselves, 
Avhich both have been so far from consenting to, that neither were 
consulted in framing them. Yet it was objected by some, to the 
American Assemblies, that they neglected to execute the stamp 
act ; and that their resolves tended to raise commotions ; which 
certainly was not the case here. For all tlie disorders in Boston, 
in which any damage was done to property, happened long before 
the resolves of the House of Representatives here were passed. 

We have reason to believe, that the nation has been grossly mis- 
informed with respect to the temper and behavior of the colonists ; 
and it is to be fearetl that some men will not cease to sow the seeds 
of jealousy and discord, till they shall have done irreparable, mis- 
chief. You will do a singulai- service to both countries, if possible, 
in detecting them. In the mean time, we desire you would make 
known to his Majesty's ministers the sentiments of this House, 
contained in this letter, and implore a favorable consideration of 
America. 



134: MASSACHUSETTS STATE PAPERS. 



J CIRCULAR LETTER, 

FROM THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS BAY, AD- 
DRESSED TO THE SPEAKERS OF THE RESPECTIVE HOUSES OF REPRE» 
SENTATIVES AND BURGESSES ON THIS CONTINElffT, 

Province of Massachusetts Bay, February 11, 1768. _. 

SIR, 

The House of Representatives of this province, have taken 
into their serious consideration, the great difficulties that must ac- 
crue to themselves and their constituents, by the operation of sev- 
eral acts of Parliament, imposing duties and taxes on the American 
colonies.* 

As it is a subject in which every colony is deeply interested, 
they have no reason to doubt but your House is deeply impressed 
with its importance, and that such constitutional measures will be 
come into, as are proper. It seems to be necessary, that all possi- 
ble care should be taken, that the representatives of the several 
assemblies, upon so delicate a point, should harmonize with each 
other. The House, therefore, hope that this letter will be candi^Jy 
considered in no other light than as expressing a disposition freely 
to communicate their mind to a sister colony, upon a common con- 
cern, in the same manner as they would be glad to receive the 
sentiments of your or any other House of Assembly on the con- 
tinent. 

The House have humbly represented to the ministry, their own 
sentiments, that his Majesty's high court of Parliament is the su- 
preme legislative power over the whole empire ; that in all free 
states the constitution is fixed, and as the supreme legislative de- 
rives its power and authority from the constitution, it cannot over- 
leap the bounds of it, without destroying its own foundation ; that 
the constitution ascertains and limits both sovereignty and alle- 
giance, and, therefore, his Majesty's American subjects, who ac- 
knowledge themselves bound by the ties of allegiance, have an 
equitable claim to the full enjoyment of the fundamental rules of 
the British constitution ; that it is an essential, unalteiable right, 
in nature, engrafted into the British constitution, as a fundamental 
law, and ever held sacred and irrevocable by the subjects within 
the realm, that what a man has honestly acquired is absolutely his 
own, which he may freely give, but cannot betaken from him with- 
out his consent ; that the Ameiican subjects may, therefore, exclu- 
sive of any consideration of charter rights, with a decent firmness, 
adapted to the character of free men and subjects, assert this 
natural and constitutional right. 

It is, moreover, their humble opinion, which they express with 

* In addition to former acts, one passed io 17§7, imposing a duty oB paper, glass, tea* &«< 



MASSACHUSETTS STATE PAPERS. 135 

the greatest deference to the wistlom of the Parliament, that the 
acts made there, imposing duties on the people of this province, 
with the sole and express purpose of raising a revenue, are in- 
fringements of their natural and constitutional rights ; because, as 
thej are not represented in the British Parliament, his Majesty's 
Commons in Britain, by those acts, grant their property without 
their consent. 

This House further are of opinion, that their constituents, con- 
sidering their local circumstances, cannot, by any possibility, be 
represented in the Parliament ; and that it will forever be imprac- 
ticable, that they should be equally represented there, and conse- 
quently, not at all ; being separated by an ocean of a thousand 
leagues. That his Majesty's royal predecessors, for this reason, 
were graciously pleased to form a subordinate legislature here, that 
their subjects might enjoy the unalienable right of a representa- 
tion : also, that considering the utter impracticability of their ever 
being fully and equally represented in Parliament, and the great 
expense that must unavoidably attend even a partial representation 
there, this House think that a taxation of their constituents, even 
without their consent, grievous as it is, would be preferable to any 
representation that could be admitted for them there. 

Upon these principles, and also considering that were the right 
in Parliament ever so clear, yet, for obvious reasons, it would be 
beyond the rules of equity that their constituents should be taxed, 
on the manufactures of Great Britain here, in addition to the duties 
they pay for them in England, and other advantages arising to Great 
Britain, from the acts of trade, this House have preferred a hum- 
ble, dutiful, and loyal petition, to our most gracious sovereign, and 
made such representations to his Majesty's ministers, as they ap- 
prehended would tend to obtain redress. 

They have also submitted to consideration, whether any people 
can be said to enjoy any degree of freedom, if the Crown, in addi- 
tion to its undoubted authority of constituting a Governor, should 
appoint him such a stipend as it may judge proper, without the 
consent of the people, and at their expense ; and whether, while 
the judges of the land, and other civil officers, hold not their com- 
missions during good behaviour, their having salaries appointed 
for them by the Crown, independent of the people, iiath not a ten- 
dency to subvert the principles of equity, and endanger the hap- 
piness and security of the subject.* 

In addition to these measures, the House have written a letter 
to their agent, which he is directed to lay before the ministry ; 
wherein they take notice of the hardships of the act for preventing 
mutiny and desertion, which requires the Governor and Council 
to provide enumerated articles for the King's marching troops, and 

* A plan was already proposed (and afterwards adopted by the British ministry) to have the 
salaries of the Go^•ernor and Judges of the Supreme Court, fixed by the Crown, though paid 
by the people here. This was an innovation which justly alarmed the citizens of this pro« 
yince. 



136 MASSACHUSETTS STATE PAPERS. 

the people to pay the expenses ; and also, the commission of tlie 
gentlemen apjwinted commissioners of the customs, to reside in 
America, which authorizes them to make as many appointments as 
they think fit, and to pay the appointees what sum they please, for 
■whose mal-conduct they are not accountable ; from whence it may 
happen, that officers of the Crown may be multiplied to such a de- 
gree as to become dangerous to the liberty of the people, by virtue 
of a commission, whicii does not appear to this House to derive 
any such advantages to trade as many have supposed. 

These are the sentiments and proceedings of this House ; and 
as they have too much reason to believe that the enemies of the 
colonies have represented them to his Majesty's ministers, and to 
the Parliament, as factious, disloyal, and having a disposition to 
make themselves independent of the mother country, they have 
taken occasion, in the most humble terms, to assure his Majesty, 
and his ministers, that, with regard to the people of this province, 
and, as they doubt not, of all the colonies, the charge is un- 
just. The House is fully satisfied, that your Assembly is too gen- 
erous and liberal in sentiment, to believe that this letter proceeds 
from an ambition of taking the lead, or dictating to the other as- 
semblies. They freely submit their opinions to the judgment of 
others ; and shall take it kind in your House to point out to them 
any thing further, that may be thought necessary. 

This House cannot conclude, without expressing their firm con- 
fidence in the King, our common head and father ; that the united 
and dutiful supplications of his distressed American subjects, wi^l 
meet with his royal and favorable acceptance.* 

[The Committee by whom the foregoing, and also Petition to 
the King, Letter to the Agent, to Lord Shelburne. &c. were, Mr. 
Cushing, (the Speaker,) Col. Otis, Mr. Adams, Major Hawley, 
Mr. Otis, Mr. Hancock, Capt. Sheaffe, Col. Bowers, and Mr. 
Dexter.] 

* Tlie Editor cannot but observe, tliat this circular was one of the most effectual measures 
to call the attention of the colcwiists to their real situation, in a political view, to dis«emiuate 
correct sentimeuts on their constitutional and charter rights, to inspire a resolution to de- 
fend those rights, and to shew to the British administration, that the opposition in Massachu- 
setts, to the late acts of Parliament, was the efforts of men who knew how both to appreciate 
and defend their political freedom. This will appear by the subsequent conduct of admin- 
istration ; for it was soon required that this circular should be rescinded ; and when the 
General Court refused to do it, it was most arbitrarily ordered that it be dissolved. This, 
however, was only onej in a series of measures adopted, to resist the encroachjii^nts of despotic 
power, and to maintain the liberty long enjoyed by our ajicestors. 



MASSACHUSETTS STATE PAPERS. 137 



LETTER 

FROM THE HOUSE OF REPRESENTATIVES, TO THE RIGHT HONORABLE THE 

EARL OF SHELBURNE, ONE OF HIS MAJESTY'S PRINCIPAL 

SECRETARIES OF STATE. 

Province of Massachusetts Bay, January 15, 1768. 

MY LORD, 

The House of Representatives of this his Majesty's province, 
having had experience of your Lordship's generous sentiments of 
his Majesty's most loyal, though remote subjects in America, and 
of your noble exertions in their behalf, in the late time of their 
distress, beg leave to lay befare your Lordship's vievi^ the new 
scenes of difficulty which are again opened upon us, and to im- 
plore your repeated interposition. 

Your Lordship is not insensible that our forefathers were, in an 
unhappy reign, driven into this wilderness by the hand of power. 
At therir own expense they crossed an ocean of three thousand 
miles, and purchased an inheritance for themselves and their pos- 
terity, with the view of propagating the christian religion, and en-v 
larging the English dominion in this distant part of the earth. 
Through the indulgent smiles of Heaven upon them, though not 
without hardship and fatigue; unexperienced, and perhaps hardly 
to be conceived by their brethren and fellow subjects in their na- 
tive land; and with the constant peril of their lives from a nume- 
rous race of men, as barbarous and cruel, and yet as warlike as 
any people upon the face of the earth, they increased their num- 
bers, and enlarged their settlement. They obtained a charter 
from King Charles the First, wherein his Majesty was pieased to 
recognize to them a liberty to worship God according to the uic- 
tates of their conscience ; a blessing which in those unhappy times 
was denied to them in their own country ; and the rights, liber- 
ties, privileges and immunities of his natural born subjects within 
the realm. This charter they enjoyed, having punctually fulfilled 
the conditions of it, till it was vacated, as we conceive arbitrarilj'', 
in the reign of King Charles the Second. After the revolution, 
that grand era of British liberty, when King William and Qiiecu 
Mary, of glorious and blessed memory, were established on the 
throne, the inhabitants of this province obtained another charter, 
in which the most essential rights and privileges, contained in the 
former, were restored to tliem. Thus blessed with the liberties of 
Englishmen, they continued to increase and multiply, till, as your 
Lordship knows, a dreary wilderness is become a fruitful field, 
and a grand source of national wealth and glory. 

By the common law, my Lord, as well as sundry acts of Par- 
liament, from the reign of Edward the Third, the children of his 
18 



]?38 MASSACHUSETTS STATE PAPERS. 

Majesty's natural born subjects, born passing and repassing the 
seas, are entitled to all the rights and privileges of his natural 
subjects born within the realm. From hence the conclusion ap- 
pears to be indisputable, that the descendants of his Majesty's 
subjects in the realm, who migrated with the consent of the na- 
tion, and purchased a settlement with their own treasure and 
blood, without any aid from the nation ; who early acknowledged 
their allegiance to the Crown of England, and have always ap- 
proved themselves faithful subjects, and in many instances giveii 
signal proofs of their loyalty to their King, anil their firm attach- 
'ment and aft'ection to their mother country; the conclusion is 
strong, that exclusive of any consideration of their charter, they 
are entitled to the rights and privileges of the British constitution, 
in common with their fellow subjects in Britain. And it is very 
remarkably the sense of the British nation, that they are so, as ap- 
pears by an act of Parliament, made in the 13th of his late Majes- 
ty, King George the Second.* The preamble of that act plainly 
presupposes it ; and the purview of the same act enables and di- 
rects the Superior Court of Judicature of this province, a court 
erected by the authority of the General Court, to naturalize 
foreigners, under certain conditions ; which it is presumed, the 
wisdom of the Parliament would not have empowered any people 
to do, who were not themselves deemed natural born subjects. 

The spirit of th? law of nature and nations, supposes, that all 
the free subjects of any kingdom, are entitled equally to all the 
rights of the constitution ; for- it appears unnatural and unrea- 
sonable to affirm, that local, or any other circumstances, can justly 
deprive any part of the subjects of the same prince, of the full 
enjoyment of the rights of tliat constjjtuiion/upon which the gov- 
ernment itself is formed, and by which sovereignty and allegiance 
are ascertained and limited. But your Lordship is so thoroughly 
acquainted with the extent of the rights of men and of subjects, 
as to render it altogether improper to take up any more of your 
time on this head. 

There are, my Lord, fundamental rules of the constitution, which 
it is humbh' presumed, neither the supreme legislative nor the 
supreme executive can alter. In all free states, the constitution 
is fixed; it is from thence, that the legislative derives its authority ; 
therefore it cannot change the constitution without destroying its 
own foundation. If, then, the constitution of Great Britain is the 
common right of all British subjects, it is humbly referred to your 
Lordship's judgment, whether the supreme legislative of the em- 
pire may rightly leap the bounds of it, in the exercise of power 
over the subjects in America, any more than over those in Britain. 

"yVlien mention is made of the rights of American subjects, and 
the interest they haVe in the British constitution, in common with 

*See page 128, Letter to De Berdt. 



MASSACHUSETTS STATE PAPERS. 139 

all other British subjects, your Lordship is too candid and just in 
your sentiments, to suppose that the House have the most distant 
thouglit of an independency of Great Britain. They are not in- 
sensible of their security and happiijess in their connexion with, and 
dependence on the mother state. These, my Lord, are the senti- 
ments of the House, and of their constituents ; and th^ have 
reason to believe, they are the sentiments of all the colonies. 
Those who are industriously propagating in the nation a different 
opinion of the colonists, are not only doing the greatest injustice 
to them, but an irreparable injury to the nation itself. 

It is the glory of the British constitution, that it has its founda- 
tion in the law 4)f God and nature. I'e is essentially a natural 
right, that a man shall quietly enjoy, and have the sole disposal of 
his own property. This right is ingrafted into the British consti- 
tution, and is familiar to the American subjects. And your Lord- 
ship will judge, whether any necessity can render it just and 
equitable in the nature of things, that the supreme legislative of 
the empire, should impose duties, subsidies, talliages and taxes, in- 
ternal or external, for the sole purpose of raising a revenue, upon 
subjects that are not, and cannot, considering their local circum- 
stances, by any possibility, be equally represented, and consequent- 
\y, whose consent cannot be had in Parliament. 

The security of right and property, is the great end of govern- 
ment. Surely, then, such measures as tend to render right and 
property precarious, tend to destroy both property and government, 
lor these must stand or fall together. Property is admitted to 
have an existence in the savage state of nature ; and if it is ne- 
cessary for the support of savage life, it by no means becomes less 
so in civil society. The House intreat your Lordship to consider, 
whether a colonist can be conceived to have any property which 
he may call his own, if it may be granted away by any other body^ 
without his consent. And they submit to your Lordship's judg- 
ment, whether this was not actually done, when the act for granting 
to his Majesty certain duties on paper, glass, and other articles, 
for the sole and express purpose of raising a revenue in America, 
was made. It is the judgment of Lord Coke, that the Parliament 
of Great Britain cannot tax Ireland " quia ri.ilites ad Farliamen- 
tum non mittanty And Sir William Jones, an eminent jurist, 
declared it as his opinion, to King Charles the Second, that he 
could no more grant a commission to levy money on his subjects 
in Jamaica, without their consent, by an assembly, than they could 
discharge themselves from their allegiance to the Crown. Your 
Lordship will be pleased to consider that Ireland and Jamaica 
were both conquered ; which cannot be said of any of the colonies, 
Canada excepted ; the argument therefore, is stronger in favor of 
the colonies. 

Our ancestors, when oppressed in the unfortunate reign of 
James the Second, found relief by the interposition of the Parlia- 



140 MASSACHUSETTS STATE PAPERS. 

ment. But it is the misfortune of the colonies at present, that by 
the intervention of that power they are taxed ; and they can ap- 
peal for relief from their final decision to no power on earth, for 
there is no power on earth above them. Your Lordship will in- 
dulge the House in expressing a deep concern upon this occasion ; 
for it is the language of reason, and it is the opinion of the greatest 
writers on the law of nature and nations, that if the Parliament 
should make any considerable change in the constitution, and the 
nation should be voluntarily silent upon it, this would be consider- 
ed as an approbation of the act. 

But the House beg leave to represent to your Lordship, that 
although the right of the Parliament to impose taxes on the colo- 
nies, without a representation there, was indisputable, we.Jiumbly 
conceive it may be made fully to appear to be unequal that they 
should, at least at present. Your Lordship will be pleased to re- 
member, that by an act of Parliament, the colonists are prohibited 
from importing commodities and manufactures of the growth of 
Europe, saving a few articles, except from Great Britain. This 
prohibition not only occasions a much greater demand upon the 
mother country for her manufactures, but gives the manufacturers 
there the advantage of their own price ; and can it be questioned, 
my Lord, but the colonists are obliged by means of this policy, to 
purchase the British manufactures at a much dearer rate, than the 
like manufactures would be purchased at, if they were allowed to 
go to foreign markets ? It is a loss to the colonists, and an equal 
gain to Great Britain. The same reasoning holds good with respect 
to the many articles of their produce, which the colonies are re- 
strained by act of Parliament from sending to foreign ports. This 
is in reality a tax, though an indirect one, on the colonies ; besides 
the duties of excise and customs laid on the manufactures in Great 
Britain. A celebrated British writer on trade, coinputes the arti- 
ficial value arising from these duties, to be no less than fifty per 
cent. Your Lordship will then form an estimate of the part that 
is paid by the colonies upon ihe importation into America, which 
is generally said to be at least the value of two millions sterling. 

The House is not, at this time, complaining of this policy of the 
mother state ; but beg your Lordship's impartial and candid con- 
sideration, whether it is not grievous to the colonies to be addition- 
ally taxed upon the commodities of Great Britain here, and to be 
solely charged with the defending and securing his Majesty's col- 
onies, after they have cheerfully borne their full proportion of 
maintaining his Majesty's rights in this part of his dominions, and 
reducing his enemies to terms of peace. 

Your Lordship will allow the House to express their fears, that 

the colonies have been misrepresented to his Majesty's ministers 

md Parliament, as having an undutiful disposition towards his 

-Majesty, and a di^aftection to the mother kingdom. It has, till a 

few years past, been the usage for his Majesty's requisitions to be 



MASSACHUSETTS STATE PAPERS. 141 

laid before the Representatives of his people in America ; and 
we may venture to appeal to your Lordship, that the people of this 
province have been ready to afford their utmost aid lof his Majes- 
ty's service. It would be grievous to his most faithful subjects, to 
be called upon for aid in a mannef which implies a mistrust of a 
free and cheerful compliance. And the House intreat your Lord- 
ship's consideration whether our enemies at least, would not infer 
a want of duty and loyalty in us, when the Parliament have judged 
it necessary to compel us by laws for that purpose ', as by the late 
acts for raising a revenue in America, and the act for preventing 
mutiny and desertion ; in the latter of which the Governor and 
Council are directed to supply the King's troops with enumerated 
articles, and the people are required to pay the expense. But be- 
sides, your Lordship will judge whether the execution of this act 
can comport with the existence of a free legislative in America. 

It is unnatural to expect, that the supreme executive power can 
long exist, if the supreme legislative should be depressed and de- 
stroyed. In order, therefore, to support the supreme executive of 
his Majesty, at so great a distance, in the person of his Governor, 
Judges, and other executive officers, it seems necessary that there 
should be a legislative in America as perfectly free, as can consist 
with a subordination to the supreme legislative of the whole em- 
pire. ^Such a legislative is constituted by the royal charter of this 
province. In this charter, my Lord, the King, for himself, his 
heirs and successors, grants to the General Assembly full power 
and authority to impose and levy proportionable and reasonable 
assessments, rates and taxes, upon the estates and persons of the 
inhabitants, to be issued and disposed of, by warrant under the 
hand of the Governor, with the advice and consent of the Council, 
for the service of his Majesty, in the necessary defence and sup- 
port of his government of the province, and the protection and pre- 
servation of the inhabitants, according to such acts as are, or shall 
be, in force in the province. And the I^ouse are humbly of opin- 
ion, that the legislative powers in the several colonies in America, 
were originally erected upon a conviction, that the subjects there 
could not be represented in the supieme legislative, and conse- 
quently that there was a necessity that such powers should be 
erected. 

It is, by no means, my Lord, a disposition in the House to dis- 
pute the just authority of the supreme legislative of the nation, that 
induces thfeni thus to address your Lordship ; but a warm sense of 
loyalty to their Prince, and, they humbly apprehend, a just con- 
cern for their natural and constitutional rights. They beg your 
Lordship would excuse their trespassing upon your time and at- 
tention to the great affairs of state. They apply to you, as a 
friend to the rights of mankind, and of British subjects. As Amer- 
2c«ns, they implore your Lordship's patronage, and beseech you to 
represent their grievances to tlie King, our Sovereign, and employ 
your happy influence for their lelief. 



142 MASSACHUSETTS STATE PAPERS. 



LETTEli 

FROM D. DF, I3ERDT, EiQ. AGENT FOR THE PROVINCE, IN ENGLAND, TO TIIK 
SFEAKER OF THE HOUSE OF REPRESENTATIVES. 



SIR, 



London, May 16, ITGB. 



Since my last, I received your several letters, which I deliv- 
ered, as directed ; and at Lord Shelburne's desire, sent him your 
judicious observations on British liberty, which sentiments are ex- 
actly my own: but have not been admitted to converse with his 
Lordship on that liead ; nor has he returned me the papers. 

It is, at present, a time of great confusion , the lieals and ani- 
mosity of electin^^ new members of Parliament are nut yet subsi- 
ded; universal discontent, on account of the dearness of provi- 
sions, which spreads itself throughout the kingdom, and will take 
up the whole attention of the legislature, that I do not apprehend 
any thing will be done ou American affairs. However, you may 
rely on my watching tlie most favorable opportunity to throw in 
your petition, which, at present, will be by no means proper. 

It gives me concern, as the prosperity of America, in conjunc- 
tion with her mother country, lies near the heart of « 
Your obedient ser*vant, 

D. DE DERDT. 



^ LETTER 

FROM THE.HOVbE uF REPRESENTATIVES OF THE PROVINCE OF MASSACHU- 
SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, TO THE 
RIGHT HONORABLE THE MARQUIS OF ROCICINGHAM, 
JANUARY 22, 1768. 

My Lord, 

The House of Representatives of this his Majesty's province, 
have had the honor of your letter of the 7th of May last, communi- 
cated to tliem by their vSpcaker ; and thank your Lordship for 
your condescension, in the kind sentiments you are pleased to ex- 
press of his Majesty's goad subjects of America, and of this pro- 
vince. The establisliing the harmony between Great Britain and 
her colonies, is a subject which your Lordship has judged worthy 
of your particular attention : and tlie exertions which you have 
made for this very important purpose, claims the most grateful ac- 
knowledgmeots of this House. Your sentiments are so nobly ex- 



MASSACHUSETTS STATE PAPEIIS. 143 

tended beyond the most distant partial considerations, as fniist dis- 
tinguish you as a patron of the colonies, a friend to the Britisli 
constitution, and the rights of mankind. " 

Your Lordship is pleased to say, that you will not adopt a s^^Si- 
tem of arbitrary rule over the colonies ; nw do otherwise than 
strenuously resist, wljere attempts sliall be made to throw off that 
dependence, to which the colonies ought to submit. And your 
Lordship, with great impartiality, adds, " not only for the advan- 
tage of Great Bx-itain, but for their own real happiness and safety." 

This House, my Lord, have the honor heartily to join with you 
in sentiment; and they speak the language of their constituents. 
So sensible are they of their happiness and safety, in their union 
with, and dependence upon, the mother country, tliat they would 
by no means be inclined to accept of an independency, if offered 
to them. But, my Lofti, they intreat your consideration, whether 
the colonies have not reason to fear some danger of arbitrary rule 
over them, when the supreme power of the nation have thought 
proper to impose taxes on his Majesty's American subjects, with , 
the sole and express purpose of i-aising a revenue, and without their 
consent. 

My Lord, the superintending power of that high court over all 
his Majesty's subjects in the empire, and in all cases which can 
consist with the fundamental rules of the constitution, was never 
questioned in this province, nor, as the House conceive, in any 
odier. But, in all free states, the constitution is fixed ; it is from 
tlience, that the supreme legislative, as well as the supreme execu- 
tive derives its authority. Neither, then, can break through the 
fundamental rules of the constitution, without destroying their own 
foundation. 

It is humbly conceived, that all his Majesty's happy subjects, in 
every part of his wide extended dominions, have a just and equit- 
able claim to the rights of that constitution, upon which govern- 
ment itself is formed, and by which sovereignty and allegiance arc 
ascertained and limited. Your Lordship will allow us to say, that 
it is an essential right of a British subject, ingrafted into the con- 
stitution, or, if your Lordship will admit the expression, a sacred 
and unalienable, natural right, quietly to enjoy and have the sole 
disposal of his own property. In conformity to this, the acts of 
the Bi-itish Parliament declare, that every individual in the realm 
is present in his Majesty's high court of Parliament, by himself, or 
his representative, of his own free election. But, my Dord, it is 
apprehended that a just and equal representation of the subjects, 
at the distance of a thousand transmarine leagues from the metrop- 
olis, is utterly impracticable. Upon this opinion, this House hum- 
bly conceive his Majesty's royal predecessors thought it equitable 
to form subordinate legislative powers in America, as perfectly free 
as the nature of things would admit, that so their remote subjects 
might enjoy a right, *vhich those within the realm have ever held 



144 MASSACHUSETTS STATE PAPERS. 

sacred, of being taxed only by representatives of their own free 
election. 

The House beg leavato observe to your Lordship, that the mo- 
nies which shall arise by the act for granting to his Majesty cer- 
tain duties on paper, glass and other articles, passed in the last 
session of Parliamedt, are to be applied, in the first place, for the 
payment of the necessary charges of the administration of justice, 
and the support of civil government in such colonies as shall be 
judged necessary ; and the residue for defending, protecting and 
securing the colonies. They intreat your Lordship's" considera- 
tion, what may be the consequences, in some future time, if the 
Crown, in addition to its right of appointing Governors over the 
colonies, which this House cheerfully recognize, should appoint 
them such stipends as it shall judge fit, without the consent of the 
people, and at their expense. And as the Judges of the land here 
do not hold their commissions during good behavior, your Lordship 
will judge, whether it may not hereafter happen, that at so great a 
distance from the throne, the fountain of justice, for want of an 
adequate check, corrupt and arbitrary rule may take place, even 
within the colonies, which may deprive a bench of justice of its 
glory, and the people of their happiness and safety. 

Your Lordship's justice and candor will induce you to be- 
lieve, that what our enemies may have taken occasion to represent 
to his Majesty's ministers and the Parliament, as an undutiful dis- 
position in the colonies, is nothing more than a just and firm at- 
tachment to tiieir natural and constitutional rights. It is humbly 
submitted to your Lordship, whether these ideas are well founded. 
And while this province and the colonies shall continue, in your 
Lordship's judgment, to be faitliful and loyal subjects to his Ma- 
jesty, they rely upon it, that your happy influence will ever be 
employed to promote the sentiments of tenderness, as well as jus- 
tice, in the parent country. 

[Letters v^^ere written by a committee of the House of Repre- 
sentatives*, the same session, and sent to the right honorable 
Henry S. Conway, one of his Majesty's principal Secretaries of 
State ; to the right honorable the Earl of Camden, Lord High 
Chancellor of England ; the right honorable the Earl of Chatham; 
and to the Lords Commissioners of the Treasujy. These letters 
are written with great ability, and breathe a noble spirit of free- 
dom, and present some new views of the subject, at that time con- 
troverted ; but as they are in substance like those here given, it 
was thought unnecessary to insert them in this volume. It is ob- 
vious, however, to remark, that these papers shew the diligence, 
the interest and zeal, which the patriots of that period exhibited in 
reference to the dispute between Great Britain and the colonies, 
and their unwearied eftbrts to secure the rights and liberties of the 
people.] 



MASSACHUSETTS STATE PAPERS. 145 



SPEECH 

OF GOVERNOR BERNARD, TO THE COXWCIL AND HOUSE OF 
REPRESENTATIVES, MAY 26, 1763. 

Gentlemen of the Council, and 

Gentlemen of the House of RepresentatiteSy 

As the chief intention of this session is to constitute the Gener- ' 
al Court for the year ensuing, and the season makes a long contin- 
uation of it very inconvenient, I must recommend to you, to 
avoid all business, that can well be postponed, to the next session. 
Among those matters which will demand your immediate atten- 
tion, will be the providing for the solicitation of the cause of this 
province, with regard to the boundary line with New York. As 
you are contented with that line which has heretofore been report- 
ed by the Lords Commissioners for trade and plantations ; and the 
province, in general, has hitherto acquiesced in it, there is great rea- 
son to expect that it will be confirmed. I have sent copies of the 
papers relating to the treaty between the two provinces, concern- 
ing the line, to the Secretary of the Board of Trade ; and have 
prayed that this province may have time to appoint an agent, or 
solicitor, before their cause is brought into judgment. I shall 
write more fully on the subject, as occasion shall serve, and shall 
give this business all the assistance, which my station and ability 

will afford. FRA. BERNARD. 

•» 
[The Governor objected to T. Saunders, J. Hancock, J. Ger- 
rish, A. Ward, Col. Otis, and J. Bowers, who were chosen Coun- 
sellors.] • 



MESSAGE 



FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVE^ , 
JUNE 21, 1768. 



H'. 



Gentlemen of the House of Representatives, 

I HAVE his Majesty's orders to make a requisition to you, 
which I communicate in the very w«rds in which I have received 
it. I must desire you to take it into immediate consideration, and 
I assure you, that your resolution thereon, will have most important 
consequences to the province. I am, myself, merely ministerial in 
this business, having received his Majesty's instruction for all I 
Imve to do in it. I heartily wisli that you may see how forcible 
19 



146 MASSACHUSETTS STATE PAPEKS. 

the expediency of your giving his Majesty this testimonial of your 
duty and submission is, at this time. If you should think other- 
wise, I must nevertheless do my duty. FllA. BERNARD. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
JUNE 22-, 1763. 

May it please your Excellency , 

The House of Representatives humbly request your Excel- 
lency to lay before them a copy of his Majesty's instructions, re- 
ferred to in your message of the 21st instant ; a copy of the letter 
to your Excellency, from the right honorable the Earl of Hillsbo- 
rough, dated the 22d of April, 1768 ; a copy of a letter from his 
Lordship, communicated lately, by your Excellency to the honor- 
able Board ; and copies of letters written by your Excellency to 
ijis Lordship, relating to the subject of your aforesaid message. 



ANSWER. . 

THE FOLLOWING MESSAGE WAS REClEIVED FROM HIS EXCELLENCT, 
IN ANSWER TO THE ABOVE, JUNE 24, 1753. 

Gentlemen of the House of Representatives, 

I SHOULD have communicated the whole of the Earl of HiHs- 
borough's letter, relating to the business which I laid before you 
the 2fst instant, if I had not been desirous that your compliance 
"with his Majesty's requisition, might have its fullest merit, by its 
appearing to be entirely dictated by a sense of your duty. 

But since you desire to know what my further orders are, I 
hereby send you a copy of the other part of the letter, relative to 
this business, which contains ail my instructions thereupon. And 
as I know you will not expect that I should disobey the King's 
positive commands, I must desire, that, if you should iesolve_ tp 
oblige me to execute them, you will, previously to your giving 
your final answer, prevent the inconveniences which must fall 
upon the people, for want of the annual tax bill, which, I under- 
stand, is not yet sent up to the Board. For, if I am obliged to 
dissolve the General €ourt, I shall not think myself at liberty to 



MASSACHUSETTS STATE PAPERS.' 14.7 

call another, till I receive his Majesty's commands for that pur- 
pose ; which will be too late to prevent the Treasurer issuing his 
warrants for the whole tax, granted by the act of the last year. , 

As to the letter of the Earl of Hillsborough, which I communi- 
cated to the Council, I must beg leave to be the proper judge of 
the time and occasion of communicating any papers I receive, to 
the Council or the House. If I had tlien thought it expedient to 
lay it before the House, I should h^jfe done it ; when I shall think 
it so, I shall do it. 

As to your request of the copies of my letters to the Secretary of 
State, you may assure yourselfes, that I shall never make public 
my* letters to his Majesty's ministers, but upon my own motion, 
and for my own reasons. FRA. BERNARD. 



MESSAGE 

From the house of representatives, to the governor, 

JUNE 30, 1768. 

May it please your Excellency, 

The House of Representatives of this his Majesty's ancient 
and loyal province of the Massachusetts Bay, have, with the great- 
est deliberation, considered your messages of the 21st and 24th 
instant, with the several extracts from the letter of the right hon- 
orable the Earl of Hillsborough, his Majesty's principal Secretary 
of State for North American affairs, dated the 22d of April last, 
j' which your Excellency has thought fit to communicate. We have 
' also received the written answer which your Excellency was 
pleased to give the committee of this House, directed to wait oa 
you the 29th instant, with a message, humbly requesting a recess, 
that the members might be favored with an oppoi-tunity to consult ' 
their constituents, at this important crisis, when a direct and per- 
emptory requisition is made, of a new and strange constructure, 
and so strenuously urged, viz. that we should immediately rescind "^ 
the resolution of the last House, to transmit circular letters to the 
other British colonies on the continent of North America, barely 
intimating a desire that they would join in similar dutiful and loy- 
al petitions to our most gracious Sovereign, for the redress of the 
grievances occasioned by sundry late acts of Parliament, calcula- 
ted for the sole purpose of raising a revenue in America. 

We have most diligently revised, not only the said resolution, 

but also the circular letter, written and sent in consequence thereof; * 

and after all, they both appear to us to be conceived in terms not 

• only prudent and moderate in themselves, but lespectful to that 

truly august body, the Parliament of Qreat Britain, and very du- 



148 MASSACHUSETTS STATE PAPERS. 

tiful and loyal in regard to his Majesty's sacred person, crown and 
dignity ; of all which, we entertain sentiments of the highest rev- 
erence and most ardent affection ; and should we ever depart from 
these sentiments, we should stand self condemned as unworthy the 
name of British subjects, descended from British ancestors, inti- 
mately allied and connected in interest and inclination with our 
fellow subjects, the commons of Great Britain. We cannot but ex- 
press our deep concern, that ^measure of the late House, in all 
respects so innocent, in most, so virtuous and laudable, and as we 
conceive, so truly patriotic, should have been represented to admin- 
istration in the odious light of a party and factious measure, and 
that pushed through by reverting in a thin House to, and reconsid- 
ering, what in a full assembly, had been rejected. It was, and is a 
matter of notoriety, that more than eighty members were present 
at the reconsideration of the vote against application to the other 
colonies. The vote for reconsideration \\ as obtained by a large 
majority. It is, or ought to be well known, that tlie presence of 
eighty members makes a full House, this number being just double 
that, by the royal charter ot the province, required to constitute the 
third branch of our Colony Legisla+ure Your Excellency might 
have been very easily informed, if you was not, that the measures 
of the late House, in regard to sundry acts of the late Parliament, 
for the sole purpose of raising a North American revenue, were 
generally carried by three to one ; and we dare appeal to your Ex- 
cellency for the truth of this assertion, namely, that there were 
many persons in the majority, in all views, as respectable as the 
very best of the minority ; that so far from any sinister views, 
were the committee of the late House, appointed and directed to 
take into their most serious consideration, the then present state 
of the province, from going into any rash or precipitate measures, 
that they, for some days, actually delayed their first report, which 
was a letter to Mr. Agent DeBerdt, on this candid and generous 
principle, that those who were reasonably presupposed to be most 
warmly attached to all your Excellency's measures, especially 
those for furthering, and, by all means, enforcing the acts for levying 
the North American revenue, might be present, and a more equal 
contest ensue. It would be incredible, should any one assert that 
youT Excellency wanted a true information of all these things, 
which were not done, or desired to be hid in a corner, but were no- 
toi'iously transacted in the open light, at noon day. It is, to us, 
altogether incomprehensible, that we should be required, on the 
peril of a dissolution of the great and General Court, or Assembly 
of this province, to rescind a resolution of a former House of Rep- 
resentatives, when it is evident, that resolution has no existence, 
!>ut as a mere historical fact. 

Your Excellency must know, that the resolution referred to, is, to 
speak in the language of the common law, not now "executory," 
!>iit, to all intents and purposes, "executed." The circular letters 



-MASSACHUSETTS STATE PAPERS. 149 

have been sent, and many of them have been answered ; those an- 
swers are now in the public papers ; the public, the world, must 
and will, judge of the proposals, puiposes and answers. We could 
as well rescind those letters as the resolves j and both would be 
equally fruitless, if, by rescinding, as the word properly imports, 
is meant a repeal and nullifying the resolution referred to. But, 
if, as most probable, by the word rescinding, is intended a passing 
a vote of this House, in direct and express disapprobation of the 
measure above mentioned, as " illegal, inflammatory, and tending 
to promote unjustifiable combinations against his Majesty's peace, 
crown, and dignity," wo must take the liberty to testify, and pub- 
licly to declare, that we take it to be the native, inherent, and in- 
defeasible right of the subject, jointly or severally, to petition the 
King foi* the redress of grievances ; provided always, that the same 
be done in a decent, dutiful, and constitutional way, without tu- 
mult, disorder, or confusion. Furthermore, we are also humbly, 
but very clearly and very firmly of opinion, that the petition of the 
late dutiful and loyal House to his Majesty, and their other very 
Orderly applications for the redress of grievances, have had the 
most desirable tendencies and effects to keep men's minds in ease 
and quiet. We must be excused, in thinking that the people were, 
in truth, patiently waiting for the meeting of a new Parliament-, 
and their measures, and his Majesty's pleasure ; and it is proba- 
ble, they would every where have thus waited the event, had it not 
been revealed here, that the late provincial application for re- 
dress of grievances, were somehow, strangely obstructed, and the 
province, in consequence of misinformation and misrepresentation, 
most unfortunately fallen under the royal displeasure ; and to 
complete this misfortune, it was not only divulged to the other 
colonies, but some of them actually received the information before 
it was made known here, that the House had been accused to his 
Majesty, or his ministers, or fallen under the displeasure of the 
one, or the censure of the other. 

On the whole, sir, we will consider his most sacred Majesty, 
under God, as our King, and best protectpr, and common father, 
and shall ever bear him true and faithful allegiance. 

We also regard your Excellency as the I'epresentative of the 
greatest potentate on earth ; and at all times have been, and shall 
be, as far as was, or is, or could consist with the indefeasible pur- 
poses of preserving life, liberty and property, most ready and 
willing, to treat you with all that respect, justly due to your high 
rank and station. But we are constrained to say, that we are dis- 
agreeably convinced, that your Excellency entertains not that pa- 
ternal regard for the welfare of the good people of this province, 
which you have sometimes been pleased to profess, and which 
tliey have at all times, an irrefragable right to expect from their 
Governor. Your Excellency has thought fit, not only to deny us 
a recess, to consult our Qonstituents in regard to the present re- 



150 MASSACHUSETTS STATE PAPERS. 

quisition, but hath assured us, in effect, that you shall take silence, 
at least a delay, not as usual, for a consent, but for a denial. You 
have also thought fit to inform us, that you cannot think yourself 
at liberty, in case of the dissolution of this, to call another Assem- 
bly, without the express orders of his Majesty, for that purpose ; 
and at the same time, your Excellency has been pleased to assure 
us, that you have communicated the whole of Lord Hillsborough's 
letter, and jour instructions, so far as relates to the requisition. 
In all this, however, we cannot find, that your Excellency is more 
than directed to dissolve the present Assembly, in case of a non- 
compliance on the part of the House. If the votes of the House 
are to be controlled by the direction of a minister, we have left us 
but a vain semblance of liberty. '"VVe know it to be the just prero- 
gative of the Crown, at pleasure to dissolve a Parliament 5 we are 
also sensible, that, consistently with the great charter of this pro- 
vince, your Excellency, when you shall think fit, with or without 
the intervention of a minister, can dissolve the great and General 
Court of this colony, and that, without the least obligation to con- 
vene another within the year. But, should it ever grow into use, 
for any ill disposed Governor of the province, by means of a mis- 
taken or wilful wrong state of facts, to prqcure orders for a disso- 
lution, the same charter will be of no value. 

We take this opportunity, faithfully to represent to your Excel- 
lency, that the new revenue acts and measures, are not only 
disagreeable to, but in every view, are deemed an insupportable 
burthen and grievance, with a very few exceptions, by all the free- 
holders and other inhabitants of this jurisdiction. And we beg 
leave, once for all, to assure your Excellency, that those of this 
opinion, are of "no party, or expiring faction." They have, at 
all times, been ready to devote their time and fortunes to his Ma- 
jesty's service. Of loyalty, this majority could as reasonably boast, 
as any who may happen to enjoy your Excellency's smiles. Their 
reputation, rank and fortune, are, at least, equal to those who may 
have been sometimes considered as the only friends to good gov- 
ernment ; while some of the best blood in the colony, even in the 
two Houses of Assembly, lawfully convened, and duly acting, 
have been openly charged with the unpardonable crime of oppugn- 
ation against "the royal authority." We have, now, only to in- 
form your Excellency, that this House have voted not to rescind, 
as required, the resolution of the last House ; and that, on a di- 
vision on the question, there were ninety-two nays, and seventeen 
yeas. In all this, we have been actuated by a conscientious, and, 
finally, a clear and determined sense of duty to God, to our King, 
our country, and our latest posterity; and we most ardently wish, 
and humbly pray, tiiat in youV future conduct, your Excellency 
may be influenced by the same principles. 

[Governor Bernard prorogued the General Court, the day the 
House sent him the above message ; and the next day, by procla- 
mation, dissolved it.] 



MASSACHUSETTS STATE PAPEA^ 151 



LETTER 

^OM THE HOUSE OF REPRESENTATIVES, TO LORD IIILLSBOROUGTI, 
JUNE 30, 176SU 

■r 
J% Lord, 

His Excellency the Governor of this province, has been pleased 
to coinmunicate to the House of Representatives, extiacts of a letter 
he had received from your Lordship, dated Whitehall, 22d of April, 
1768 ; wherein it is declared to be the royal pleasure, that he should 
require of them, in his Majesty's name, to rescind the resolution, 
which gave birth to a circular letter from the Speaker of the last 
House, and to declare their disapprobation of, and dissent to, that 
rash and hasty proceeding. 

The House are humbly of opinion, that a^/equisition from the 
throne, of this nature, to a British House of Commons, has been 
very untf!^ual ; perhaps there has been no such precedent since the 
revolution. If this be the case, some very aggravated representa- 
tions of this measure, must have been made to his Majesty, to induce 
him to require of this House, to rescind a resolution of a former 
House, upon pain of forfeiting their existence. For, my Lord, the 
House of Representatives, duly elected, are constituted by the roy- 
al charter, the representative body of his Majesty's faithful commons 
of this province, in the General Assembly. Your Lordship is 
pleased to say, that his Majesty considers this step " as evidently 
tending to create unwarrantable combinations, and to excite an un- 
justifiable opposition to the constitutional authority of Parliament." 
The House, therefore, thought it their indispensable duty, immedi- 
ately to revise the letter referred to ; and carefully to recollect as 
far as they were able, the sentiments which prevailed in the House, 
to induce them to revert to, and resolve on the measure. 

It may be necessary to observe, that the people in this province 
haA ° attended, with a deep concern, to the several acts of the British 
Parliament, which impose duties and taxes on the colonies ; not for 
the purpose of regulating the trade, but with the sole intention of 
raising a revenue. This concern, my Lord, so far from being lim- 
ited within the circle of a few inconsiderate persons, is become- 
universal. The most respectable for fortune, rank and station, as 
well as probity and understanding, in the province, with very few 
exceptions, are alarmed with apprehensions of the fatal consequen- 
ces of a power exercised in any one part of the British empire, to 
command and apply the property of their fellow subjects at discre-, 
tion. This consideration prevailed on the last House of Represen- 
tatives, to resolve on a humble, dutiful, and loyal petition to the 
King, the common head and fatjier of all his people, for his gracicHs 



152 MASSACHUSETTS STATE PAPERS. 

interposition, in favor of his subjects of this province. Tf your Lord- 
ship, whom his Majesty has honored with the American department, 
has been instrumental in presenting a petition, so interesting to the 
well being of his loyal subjects here, this House beg leave to make 
their most grateful acknowledgments, and to implore your contin- 
ued aid and patronage. 

As all his Majesty's North American subjects are alike affected 
by these parliamentary revenue acts, the former House very justly 
supposed, that each of the Assemblies on the continent, would take 
such methods of obtaining redress, as should be thought by them 
respectively, to be regular and proper. And being desirous, that 
the several applications should harmonize with each other, they re- 
solved on their circular letter ; wherein their only view seems to be, 
to advertise their sister colonies of the measures thei/ had taken 
upon a common and important concern, witlrout once calling upon 
them to adopt those measures, or any other. 

Your Lordship, surely, will not think it a crime in that House^ 
to have taken a step, which was perfectly consistent with the con- 
stitution ; and had a natural tendency to compose the minds of his 
Majesty's subjects of this and his other colonies, until, in his royal 
clemency, he should afford them relief, at a time, when it seemed to 
be the evident design of a party, to prevent calm, deliberate, ra- 
tional and constitutional measures from being pursued ; or to stop 
the distresses of the people frorri reaching his Majesty's ear, and 
consequently to precipitate them into a state of desperation, and 
melancholy extremity. Tlius, my Lord, it appears to this House ; 
and your Lordship will impartially judge, whether a representation 
of it to his Majesty as a measure " of an inflammatory nature" — 
as a step evidently tending " to create unwarrantable combinations," 
and, " to excite an unjustifiable opposition to the constitutional au- 
thority of the Parliament," be not injurious to the representatives 
of tliis people, and an affront to his Majesty himself. 

An attempt, my Lord, to impress your royal mind, with a jealousy 
of his faithful subjects, for which there are no just grounds, is a 
crime of the most malignant nature ; as it tends to disturb and de- 
stroy that mutual confidence between the Prince and the subjects, 
which is the only true basis of public happiness and security ; your 
Lordship, upon inquiry, may find that such base and wicked attempts 
have been made. 

It is an inexpressible grief to the people of this province, to find 
repeated censures falling upon them, not from ministers of state 
alone, but from majesty itself, grounded on letters and accusations 
from the Governor, a sight of which, though repeatedly requested 
of his Excellency, is refused. There is no evil of this life, which 
they so sensibly feel, as the displeasure of their Sovereign. It is a 
punishment, which they are assured, his Majesty would never inflict, 
but upon a representationof the justice of it, from his servants^ whom 



MASSACHUSETTS STATE PAPERS. 153 

he confides in. Your Lordship will allow the House to appeal to 
your own candor, upon the grievous hardship of their being made to 
Sutter so severe a misfortune, without ever being called to answer 
for themselves, or even made acquainted with the matters of charge 
alleged against them : A right, which, by the common rules of so- 
ciety, founded in the eternal laws of reason and equity, they are 
justly entitled to. The Housf is not willing to trespass upon your 
patience. They could recite numbers of instances, since Governor 
Bernard has beeii honored by his Majesty, to preside over this prov- 
ince, •)f their suffering the King's displeasure, through the instru- 
mentality of the Governor, intimated by the Secretary of State, 
without the least previous notice, that they had ever deviated from 
the path of their duty.- This, they humbly conceive, is just matter 
of complaint, and it may serve to convince your Lordship, that his 
Excellency has not that tender feeling for bis Majesty's subjects, 
which is characteristic of a good Governor, and of which the Sove- 
reign affords an illustrious example. 

It is the good fortune of the House, to be able to show, that 
•the measure of the last House, referred to in your Lordship's 
letter to the Governor, has been grossly misrepresented, in all its 
circumstances. And it is matter of astonishment, that a transaction 
of the House, the business of which, is constantly done in the open 
view of the world, could be thus colored ; a transaction which, by 
special order of the House, was laid before his Excellency, whose 
duty to his Majesty is, at least, not to misinform him. 

His Excellency could not but acknowledge, in justice to that 
House, that moderation took place in the beginning of the session. 
This is a truth, my Lord. It was a prindple with the House, to 
conduct the affairs of government in this department, so as to avoid 
the least occasion of offence. As an instance of their pacific dispo- 
sition, they granted a further es^tablishment for one of his Majesty's 
garrisons in the province, rather to gratify his Excellency, who had 
requested it, than from a full conviction of its necessity. But your 
Lordship is informed, that this moderation " did not continue ;" and 
that, " instead of a spirit of prudence and respect for the constitu- 
tion, which seemed at that time to influence the conduct of a large 
majority of the members, a thin House at the end of the session, 
presumed to revert to, and resolve on a measure of an inflammatory 
nature ;" that it was an " unfair proceeding" — " contrary to the 
real sense of the House ;" and " procured by surprise." My Lord, 
the journals and minutes of the House will prove the contrary of all 
this. And to convince your Lordship, the House beg leave to lay 
before you, the several resolutions relating to these matters, as they 
stand recorded. 

The House having finished their petition to the King, and their 
letters to divers of his Majesty's ministers ; a motion was regularly 
made on the 21st of Januarv, which was the middle of the session, 
SO 



154 MASSACHUSETTS STATE PAPERS. 

and a resolution was then taken, to appoint a time to consider the 
expediency of writing to the Assemblies of the other colonies on this 
continent, with respect to the importance of their joining with them, 
in petitioning his Majesty at this time. Accordingly, on the day- 
assigned, there being eighty-two members present, a number always 
allowed to be sufficient to make a full House, the question was de- 
bated ; in consequence of which, a motion took place, that letters 
be wrote to the several Assemblies of the provinces and colonies 
on the continent, acquainting them, that the House had taken into 
consideration, the difficulties to which they are, and must be reduced, 
by the operation of the late acts of Parliament, for levying duties 
and taxes on the colonies ; and have resolved on a humble, dutiful 
and loyal petition to his Majesty, for redress ; and also upon proper 
representations to his Majesty's ministers on the subject. And to 
desire, that they would severally take such constitutional measures 
thereupon, as they should judge most proper. And the question 
upon the motion, passed in the negative. On Thursday, the 4th of 
February, it was moved in the House, that the foregoing question 
be consid<"red, so far as to leave it at large ; and conformable to a 
standing rule of the House, that no vote or order shall be reconsidered 
at any time, unless the House be as full, as when such vote or order 
w as passed ; the number in the House was called for, and it appear- 
ing that (Mghty-two members were present,* the question was put, 
and passed in the affirmative, by a large majority ; and by an imme- 
diately subsequent resolve, the first vote was ordered to be erased. 
The same day, the resolution which gave birth to the circular letter, 
took place, a question being regularly moved and fairly debated, 
whether the House would appoint a committee to prepare a letter, to 
be sent to each of the Houses of Representatives and Burgesses on 
the continent, to inform them of the measures which this House has 
taken, with regard to the difficulties arising from the acts of Par- 
liament for levying duties and taxes on the American colonies, and 
report to the House, which passed in the affirmative ; and a com- 
mittee was appointed accordingly. This committee, after delibera- 
ting a week, reported the letter, which was read in the House, and 
accepted, almost unanimously ; and fair copies of the same were or- 
dered to be taken, for the Speaker to sign, and forward as soon as 
might be. And this day, there were eighty-three members in the 
House. 

The day following, an order passed, that a fair copy of the letter 
be transmitted to Dennis De Berdt, Esq. in London. The design 
of which was, that he might be able to produce it, as necessity might 
require, to prevent any misrepresentation of its true spirit and 
design. 

* The same number as before. It is to be observed, that the House, at that time, consisted 
of about one hundred and ten members. By the royal charter, forty makes a quorum. 
Hence it appears, that eighty-two members are more than double the number, sufficiently le- 
gal, to transact business, and were then three quarters of the whole Housr 



MASSACHUSETTS STATE PAPERS. 155 

On Saturday, the 13th of February, in order that no possible oc- 
casion might be taken by the Governor, to think, that the debates 
and resolutions were designed to be kept a secret from his Excel- 
lency, the House came to the following resolution, viz. : Whereas 
this House hath directed, that a letter be sent to the several Houses 
of Representatives and Burgesses of the British colonies on the con- 
tinent, setting forth the sentiments of this House, with regard to the 
great difficulties that must accrue by the operation of divers acts of 
Parliament, for levying duties and taxes on the colonies, with the 
sole and express purpose of raising a revenue ; and their proceed- 
ings thereon, in a humble, dutiful, and loyal petition to the Ring, 
aiid such representations to his Majesty's ministers, as they* appre- 
hend, may have a tendency to obtain redress : And whereas it is 
the opinion of this House, that all effectual methods should be taken, 
to cultivate harmony between the several branches of this gov- 
ernment, as being necessary to promote the prosperity of his Majes- 
ty's government in this province ; Resolved, That a committee 
wait on his Excellency the Governor, and acquaint him, that a copy 
of the letter aforesaid, will be laid before him, as soon as it can be 
drafted ; as well as of all the proceedings of this House, relative to 
said affair, if he shall desire it. And a committee was appointed, 
who waited on his Excellency accordingly. On Monday following, 
the House resolved on the establishment already mentioned, which 
is observed, only to shew your Lordship, that there was, at this time, 
no disposition in the House, " to revive unhappy divisions and dis- 
tractions, so prejudicial to the true interest of Great Britain and the 
colonies." 

The House beg leave to apologize to your Lordship, for thetrou* 
ble given you in so particular a narration of facts ; which they 
thought necessary to satisfy your Lordship, that tlie resolution of 
the last House, referred to by your Lordship, was not an unfair pro- 
ceeding, procured by surprise in a thin House, as his Majesty has 
been informed ; but the declared sense of a large majority, when 
the House was full : That the Governor of the province was made 
fully acquainted with the measure ; and never signified his disap- 
probation of it to the House, which it is presumed, he would have 
done, in duty to his Majesty, if he had thought it was of evil ten- 
dency '■ And, therefore, that the House had abundant reason to be con- 
firmed iU their own opinion of the measure, as being the production 
of moderation and prudence. And the House humbly rely on the 
royal clemency, that to petition his Majesty will not be deemed by 
him to be inconsistent with a respect to the British constitution, as 
settled at the revolution, by William the Third : That to acquaint 
their fellow subjects, involved in the same distress, of their having 
done so, in full hopes of success, even if they had invited the union 
of all America in one joint supplication, would not be discountenan- 
ced by our gracious Sovereign, as a measure of an inflammatory 



156 MASSACHUSETTS STATE PAPERS. 

nature : That when your Lordship shall, injustice, lay a true state- 
ment of these matters before his Majesty, he will no longer consider 
them as tending to create unwarrantable combinations, or excite an 
unjustifiable opposition to the constitutional authority of the Parlia- 
ment : That he will then clearly discern, who are of that desperate 
faction, which is continually disturbing the public tranquility ; and, 
that while his arm is extended for the protection of his distressed 
and injured subjects, he will frown upon all those, who, to gratify 
their own passions, have dared, even to attempt to deceive him ! 

The House of Representatives of this province, have more than 
once, during the administration of Governor Bernard, been under 
a necessity of intreating his Majesty's ministers to suspend their 
further judgment upon such representations of the temper of the 
people, and the conduct of the Assembly, as they were able to make 
appear to be injurious. The same indulgence, this House now beg 
of your Lordship ; and beseech your Lordship to patronize them so 
far, as to make a favorable representation of their conduct to the 
King our Sovereign ; it being the highest ambition of this House, 
and the people whom they represent, to stand before his Majesty 
ia their just character, of affectionate and loyal subjects, 



REPORT AND RESOLUTIONS 

f' OF THE COUNCIL, JUNE 30, 1768. 

The committee appointed the 13th instant, to inquire into 
the state of the province, made report, us follows, viz : — 

The committee appointed by the foregoing order, find, on in- 
quiry, that there is great uneasiness among the people of this 
province, arising from the several causes referred to in the resolves 
herewith presented ; which, with the unusual proceedings relative 
to the seizure made in Boston, the 10th instant, gave occasion for 
the tumultuous and unwarrantable assembling of a number of per- 
sons on the same evening, and the consequent disorders that took 
place. 

The committee have agreed upon the following resolves, to be 
passed upon this occasion, by the two Houses, if they think proper, 
and herewith humbly submit them to their consideration. 
In the name of the committee, 

JOHN ERVING. 

Whereas there has been, for some time past, a general uneasi- 
ness among the people of this province, occasioned by the late act 
of Parliament imposing duties upon sundry articles, for the purpose 
of raising a revenue, as also by the appointment of a Board of 



MASSACHUSETTS STATE PAPERS. 137 

Commissioners ; and the inhabitants of the province, by the act 
and appointment aforesaid, having been drained of their money, 
and greatly distressed in their trade and business ; and it being 
apparent, that the money collected, has been applied for the in- 
creasing of officers, to a number, that has a very disagreeable aspect 
on the future welfare of this people : 

Resolved, That the two Houses will immediately take under 
consideration, and maka strict inquiry into all the grievances com- 
plained of as aforesaid ; and into the new and unprecedented pro- 
cedure of the custom house officers, with regard to the seizure 
below mentioned^ and take such measures, and make such repre* 
seutations to his Majesty and his Parliament, as may tend to pro- 
cure the redress of said grievances. 

And whereas, na Friday, the 10th instant, towards the evening, 
a vessel was seized in Boston, by several of the officers of the 
customs, and immediately after, upon a signal given by one of the 
said officers, one or more armed boats from tlie Romney man of 
war, took possession of her, cut her fasts, and carried her from 
the wharf where she lay, into the harbor, alongside the Romney, 
which occasioned a number of people to be collected, who, from the 
violence and unprecedentedness of the procedure, with regard to 
the carrying off said vessel, and the reflection thereby, upon the 
inhabitants of the town, as disposed to rescue any seizure that 
might be made, took occasion to insult and abuse said officers, and 
afterwards to break some of the windows of their dwelling houses, 
and commit other disorders, in distui'bance of the peace of his 
Majesty's subjects, and in breach of the good and wholesome laws 
of this province : 

Resolved, That, although the extraordinary circumstances attend- 
ing the said seizure, m'ay in some measure, extenuate the crimi- 
nality of the riotous proceedings aforesaid ; yet being, notwith- 
standing, of a very criminal nature, and of dangerous consequence, 
the two Houses do hereby declare their utter abhorrence and 
detestation of them. And in order to bring the perpetrators to 
justice ; 

Resolved, That his Excellency the Governor be desired to direct 
the Attorney General to prosecute all persons guilty of the riot 
aforesaid ; or, that any way aided or abetted the same, to the end, 
that they may be punished agreeably to law. And for discover- 
ing and detecting of the said rioters and their abettors, his Excel- 
lency the Governor, is hereby desired to issue forthwith, a procla- 
mation, offijring a reward of to such person or perscms, as 
shall make such discovery, so as that said rioters and abettors 
may be brought to condign punishment. 

[I he House of Representatives was engaged on some very in- 
teresting subject, when the above was sent down to thgm, from 
the Council, and did not admit the message. And the same day, 
the House was prorogued, and the day following, dissolved ; so 
that they never acted o^ the subject.1 



158 MASSACHUSETTS STATE PAPERS. 



NOTE OF THE EDITOR. 

fJune 30, 1768, the day the General Court was prerogued, the 
Council being in session, a committee ot the Board was appointed, 
composed of the following gentlemen : W. Brattle, J. Bowdoin, J. 
Russell, T. Flucker, and R. Tyler, to consider the state of the 
province, and to report what they should consider proper to be laid 
before his Majesty, respecting the same. July 7th, Mr. Bowdoin, 
from the aforesaid committee, reported the draft of an address to 
the King, which was accepted ; and Governor Bernard was re- 
quested to forward tiie same to his Majesty's Secretary of State,. 
In this address, the Council state the sei'vices acd expenses of the 
province, for many former years ; they complain of the acts of 
Parliament, laying duties, as extremely burdensome, as the debt of 
the province, incurred chiefly to pay the troops who had lately 
joined with the British in defending, securing and extending his 
Majesty's dominions, was very great. They declared their readi- 
ness to submit to all lawful authority; acknowledged their alle- 
giance, and professed their sincere loyalty to the King; and prayed 
that the charter rights and privileges of the people might not be 
wrested from them, on account of any representations made as to 
their disaffection to the Crown, or opposition to constitutional 
statutes.* Soon after this, the Council was convened by the Gov- 
ernor, when he stated to the Board, that a riot had taken place, in. 
which some of the officers of the customs were insulted, in conse- 
quence of their having seized a vessel belonging to a merchant of 
Boston, on a suggestion of her having goods liable to impost, but 
which there was an attempt to secrete, and thus avoid the payment 
of duties. It will be seen above, in this volume, what were the 
views and feelings of the Council, in reference to this affair. The 
Council expressed their disapprobation of the riot, and declared 
their readiness, in all regular and proper methods, to assist in bring- 
ing the authors of it to punishment. They, however, stated, that 
the seizure of the vessel was attended with circumstances highly 
insulting and irritating to the feelings of the citizens; and gave it 
as their opinion, that the officers of the customs would not have 
been insulted, but for the unprecedented manner in which the 
seizure was made ; which was by several barges of armed men, 
from a British man of war, then lying in the harbor. The officers 
of the customs, affected to believe, that they could not safely re- 
main in Boston ; and they retired to the ship of war, lying near 
the Castle, and afterwards to tliat fortress, then commanded by 
British regular troops, where they I'emained for many weeks. 
Considering the great irritation of the people, produced by recent 
oppressive and arbitrary measures, they were, perhaps, liable for . 

• In November following, tlie Council forwarded a petition to Parliament, very similar, 
in its spirit and arguments, to the address before presented to tlie liing. 



MASSACHUSETTS STATE PAPERS. 159 

a time, to some insults. But the Council uniformly appeared 
ready to support the government and the laws, and decidedly ex- 
pressed their disapprobation of all riots. The subject was long in 
agitation, between the Governor and Council. He endeavored to 
bring them into the dilemma of justifying the conduct of the offi- 
cers of the customs, and interposing, directly, by an executive 
act, for their protection, or of countenancing the riot which had 
taken place, and being identified with those who meant to op- 
pose, forcibly and overtly, the King's authority^ He endeavored, 
by the letters he wrote to Lord Hillsborough, to have it believed 
in England, that the latter was true ; and that even the Council 
was a factious, disorderly body, unwilling to support the authority 
of government, and aiding the people in their opposition to the 
laws. In their proceedings, however, they were temperate and 
prudent, yet firm and judicious. They resisted the intrigues of 
Governor Bernard, who strove to make them acquiesce in the ar- 
bitrary measures of the British ministry, and appealed to constitu- 
tional principles, as paramount to the temporary statutes of Par- 
liament, as well as to particular orders from the King's Privy 
Council. Another important question was, at this peiiod, discussed 
by the Council of this province, in consequence of an application 
from Governor Bernaid, for quarters for two British regiments, 
which were ordered here from Halifax, and two more from Ireland. 
The Council consented, and advised that the two first be quar- 
tered in the barracks, at Castle Island ; and that the municipal 
authority of the town of Boston, be consulted as to the other two 
regiments. The Selectmen declined doing any thing on the sub- 
ject. The Governor then reque^^ted the Council to furnish quarters 
for one regiment, in the Manufactory House, in Boston, belonging 
to the province. The Council did not consent to the proposal, 
assigning as a reason, for not complying, that the act of Parlia- 
ment, in relation to the subject, provided, that the regular troops 
of the Crown should be placed in the public barracks ; and that 
no military officer, nor even the civil executive, was competent to 
oblige any town, or the Council, to furnish other quarters for them ; 
and they expressed the opinion, that it belonged to the municipal 
authority, and not to the Board, to decide as to the quartering the 
troops in Boston. One regiment, however, was landed in Boston, 
notwithstanding this opposition, both of the town and the Executive 
Council of the province ; and the Governor, then demanded of 
the Council, certain articles of provisions for the troops. The 
Council advised, after some hesitation and delay, that the troops 
be furnished with the articles needed, provided it were not done 
at the particular expense of the province. This decision was not 
pleasing to the Governor ; and he took occasion to represent the 
conduct of the Council very unfavorably to the British ministers ; 
and stated anew the imbecility of the executive, while thus com- 
posed of men chosen by the people in the province. To his state- 



160 MASSACHUSETTS STATE PAPERS. 

ments, it was also, undoubtedly owing, that the administration 
ordered so many regular troops to be sent and stationed here 5 
whose presence was intended to awe the people into submission to 
the arbitrary measures wiiich had been adopted by Parliament, in 
relation to the government of the colonies. In April, 1769, the 
Council addressed a long letter to Lord Hillsborough, vindicating 
their conduct, with reference, both to the riot, and quartering of 
the British regulars ; in which they discovered their attachment to 
the rights of the people, and their loyalty to the King ; and ex- 
posed the intrigues, and the misrepresentations of Governor Ber- 
nard. When a new General Court met in May, 1769. the follow- 
ing resolve was passed by the House of Representatives, expressing 
their sense of the zeal and attention of the Council to the public 
interest.] 

Resolve of the House of Representatives, June, 1769. 

The House having taken into consideration, certain copies of 
letters, written by Governor Bernard, to the Karl of Hillsborough, 
one of liis Majesty's principal Secretaries of State, in November and 
December last, and which were transmitted to the late Council, by 
Mr. Bollan.and at the desire of the House, have been communicated 
by the present Council ; in which letters, his Majesty's loyal sub- 
jects of this colony, in general, as well as his Majesty's Council, 
are traduced, and represented in a most odious and unjust light to 
his Majesty's ministers : The House, having also, carefully read 
and considered the remarks which the Council has made thereon, 
in their letters to his Lordship, copies of which have also been com- 
municated at the desire of the House : 

Resolved, That the House do highly approve of, and have an en- 
tire satisfaction in the zeal and attention of the late Council to the 
public interest, not only in thus vindicating their own character, 
but guarding their country from meditated ruin, by truly stating 
facts, and justly representing the duty and loyalty of this people, 
at that critical time, when the Governor of the province wantonly 
dissolved the General Assembly, and arbitrarily refused to call 
another, upon the repeated and dutiful petitions of the people. 



LETTER 

FROM D. DE BERDT, ESQ. AOENT FOR THE PROVINCE, IN ENGLAND, TO THE 
SPEAKER OF THE HOUSE OF REPRESENTATIVES. 

London, July 29, 1768. 

SIR, 

Since my last, (May 14th,) I have received nothingTrom you ; 
but several interesting affairs have arisen, of which I thought it my 
duty to acquaint Ihe House, though of a disagreeable nature. 



MASSACHUSETTS STATE PAPERS. 161 

I have lately had a conference with Lord Hillsborough, relating 
to your circular letter to the other provinces, which greatly dis- 
pleased the administration; some of whom, say it is little better 
than an incentive to rebellion. But they look on it as the senti- 
ments of a party only, as it was rejected, in a full House, the be- 
ginning of the session, and taken up again at the end of it, when 
the House was thin.* Though I can see nothing unjust or unrea- 
sonable in it, yet if some healing measures are not pitched upon, 
consequences may be very serious. You have already, two regi- 
ments from New York, quartered upon you, and my Lord men- 
tioned another to be embarked ; and says, it has been resolved in 
Council, that Governor Bernard have strict orders to insist upon 
your revoking that letter ; and, if refused by the House, he was 
immediately to dissolve them. Upon their next choice, he was 
again to insist on it ; and, if then refused, he was to do the like ; 
and as often as the case should happen. My Lord assured me of 
his great regard for America ; nay, said if I did not represent it so, 
I should not do him justice. He wished nothing so much as a 
good understanding between the colonies and mother country; and 
assui'ed me, that before the warm measures taken on your side, 
had come to their knowledge, he had settled the repeal of those 
acts, with Lord North, the Chancellor; but the opposition you had 
made, rendered it absolutely necessary to support the authority of 
Parliament, which the ministry, at all events, are determined to 
do. You may depend on ray strictest attention to your interest 
and affairs, whenever you please to give me any fresh instructions : 
and if you think any thing further, necessary to be represented to 
that noble Lord, who declares himself averse to any severe meas- 
ures, and thinks himself very unhappy that he has undertaken the 
American department, when the affairs are in such convulsions. 
He has condescended to assure me, that, whenever I have any 
thing further to urge, I should have free access to him. 

With great respect, yours, &c. D. DE BERDT. 



LETTER 

•FROM D. DE BERDT, ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE 
HOUSE OF REPRESENTATIVES, 

London, August 29, 1768. 

I DULY received yours of the 3d of June, accompanving a 
long letter from Lord Hillsborough, which I yesterday delivered 
him, and which his Lordship will answer very soon, to which I re- 

• The circular was sent in February, 1768, and will be found above, in this volume, A com- 
mittee was chosen, February 4th, to prepare the circular ; a*id reported one on the Jlth 
which was then adopted, ' 

21 



162 MASSACHUSETTS STATE PAPEllS. 

fer you for his particular sentiments, I was with him a full hour, 
talking over American ailairs, which now seem to be under the 
necessity of being regulated by Parliament, when they sit, it being 
neither in the minister's power, nor even the King himself, to dis- 
pense with the laws, or revoke them. 

The whole ministry seem united in this one point ; then when a 
law passes the legishature, it becomes part of the constitution ; 
and therefore not to be dispensed with or opposed. I Avish, in all 
your applications, you had left the matter of right out of question, 
and only applied for a i-epeal of the laws, as prejudicial to the 
colonies and mother country. And my Lord assured me, he would 
have used his interest for a repeal j and he believes he should have 
obtained it, which now with him is a matter of doubt. 

His Lordship is fully sensible of the mischief which will arise 
from a breach with the colonies, and dreads the consequences. 
He says laws must be supported, or we sink into a state of an- 
archy, which he thinks must be avoided at all events. 

I mentioned the measure of sending troops to America, which 
he said were about this time arrived. I expressed my fears that 
some arbitrary transactions of the military might be a means of in- 
flaming the people. His Lordship assured me they had strict 
orders to preserve the peace, and act in concert with the civil 
magistrate ; and I might depend, no measures would be taken, but 
what were entirely constitutional, and executed with as much len- 
ity as the law would admit. 

I have given you, out of a tender regard for your welfare, a 
summary of what passed with that minister, and doubt not your 
prudence will make a proper use of it. 

With great respect, I am, &c. 

D. DE BERDT. 



LETTER 

OF THE COUNCIL TO LORD HILLSBOROUGH, JUNE 15, 176i!. 

My Lord, 

The President of the Council, (Mr. Danforth,) for the last 
and the present year, having communicated to this Board, a cop}* 
of a letter, dated April 15, 1769, sent to your Lordship, subscribed 
by eleven gentlemen, being the major part of the members of the 
Council, for the last year, in answer to six letters, wrote to your 
Lordship, by Governor Bernard, dated November 1, 5, 12, 14, SO, 
and December 5, 1768 — They have unanimously i-esolved, that 
they approve of the measures, taken by the major part of the mem- 
bers of the last year's Council, &c. j a copy of which resolves, we 



MASSACHUSETTS STATE PAPERS. 163 

have the honor to inclose to your Lordship. As the gentlemen, 
who wi-ote that letter, have been so full and explicit in defending 
themselves and the province against the Governor's groundless and 
injurious charges, we have the less reason to enlarge upon such a 
disagreeable subject. However, my Lord, if it appears to us, that, 
there is any charge against the Council, in either of the aforemen- 
tioned letters, to which there has either been no answer, or if men- 
tioned, not so fully dilated upon, as the nature of the oft'ence, with 
which the Board are charged, does require, your Lordship will 
indulge us the freedom, further to address you. 

Permit us, then, my Lord, with all due deference to your Lord- 
ship's high rank and station, to animadvert with freedom, upon 
some part of the Governor's aforementioned letters. 

The Governor says, in one of his letters, " the Council is under 
awe of their constituents, by the frequent removal of the friends of 
government, &c." Aspersions of the like nature, are several times 
cast upon the Council, in some of his other letters, which, for the 
sake of avoiding prolixity, we shall not repeat. 

My Loi'd, if our fondness, for a se.it at the Board, could possibly 
influence us to vote and advise contrary to the real sentiments of 
our hearts, tiie Governor's wanton exercise of power, in his fre- 
quent negatives, put upon Counsellors of the best abilities, either 
because they differed from him, in their political sentiments, in 
some instances, or from resentment to the House of Representa- 
tives, for dropping some of his friends, would have a much greater 
influence upon us, to fall in with his measures, than any risk we 
run from the honorable House, in what he calls supporting govern- 
ment. It being more in the power of a Governor to remove a 
Counsellor, than it is in the House ; consequently, if we had any 
great fondness for a seat at the Board, we should act inconsistently 
with our political interest, to oppose the Governor in his measures. 
But, my Lord, we can with great truth, say, that, while we have 
had the honor to be members of his Majesty's Council, we have 
endeavored to discharge a good conscience, and acted our part 
with uprightness and integrity ; having never been awed into 
undue conduct, either by the House or the Governor ; and the 
Governor's insinuations to the contrary, are unkind, and without 
foundation ; and unless Ave can act with the same freedom as usual, 
we cannot esteem it an honor to be of that body. 

That the Council have appeared, of late, more engaged in de- 
fending the rights of the province, than formerly, may be a fact, 
which we have no disposition to controvert ; be that as it may, we 
beg leave to observe, that it never was so much the incumbent duty 
of the Council, as it was the last year, to defend the rights of the 
people. For upon the dissolution of the General Court, the Gov- 
ernor and Council are, by charter, to manage the affairs of the 
province ; so that the last year's Council had double duty devolv- 
ed on them. Therefore, it was justly expected, that they should 



164: MASSACHUSETTS STATE PAPERS. 

exert themselves in defence of the civil rights and liberties of the 
people, though, at the same time, tliey did, and we hope we eA'^er 
shall, treat the Governor with that respect, that is due to the 
King's x-epresentative. And ycir Lordship may depend upon it, 
that the present Council will be as free to assert and maintain the 
just prerogatives of the Crown, as to defend the rights of tlie 
people. 

We beg leave further to observe, my Lord, that the Governor, 
in his letter, dated November the 1st, speaking of the address to 
General Gage, says, " it was signed by fifteen of the Council, 
among whom, were five who knew not enough of the town to vote 
for the safety of the commissioners returning, but knew enough to 
join in an invective against them." This observation of the Gov- 
ernor's, was, no doubt, made with a design to ridicule the conduct 
of those gentlemen, and to represent their having acted an incon- 
sistent part. But, we cannot conceive, by what rules of logic he 
can charge them with inconsistency. For, my Lord, may not the 
gentlemen say with great propriety, as they were not inhabitants 
of the town of Boston, but lived at a great distance from it, that 
they knew not enough of the temper and disposition of the town to 
say that it was safe for the commissioners to return ; and at the 
same time, from the evidence they had of the commissioners be- 
haviour and conduct ever since they have been in office, join in 
what the Governor calls an invective against them. For our part, 
we can see no inconsistency in their conduct ; for certainly the 
commissioners haughty and insolent behavior may be such as to 
expose them to the resentment of the people ; and yet, it does not 
necessarily follow, that the people will offer the least insult or vio- 
lence to them. They may, or they may not ; and therefore, as it 
was a matter of uncertainty, the five gentlemen might be well ex- 
cused from voting in favor of the safety of the commissioners 
return. And the Governor's remark upon tiieir conduct, shows 
rather the defect of his i-easoning, than any inconsistency in 
them. 

With a view to defeat the good ends proposed by the major part 
of the last year's Council, in their petitions to the two Houses of 
Parliament, and for other unjustifiable reasons, the Governor ac- 
quaints your Lordship, that he " cannot conceive, that all the per- 
sons who met at the several meetings, upon the occasion of 
preparing the petitions, put together, amount to the number of 
twelve j" which he tells your Lordship made the majority of the 
M'hole. And after insinuating, that, by a majority, might only be 
meant four persons out of seven, who make a quorum of the Coun- 
cil, in his postscript, he gives your Lordship, what he calls a list 
of the names of those members who passed upon the petitions ; 
which, together, make no more than eight. We persuade ourselves, 
my Lord, that you will not imagine, that the Council of last year 
endeavored to impose on the two Houses of Parliament, by assert- 



MASSACHUSETTS STATE PAPERS. 165 

ing their petitions to have been the doings of a major part, wlien 
in fact they were not. Who furnished the Governor with the list 
he mentions, we cannot say ; but we can take upon us to assure 
you, my. Lord, that the names of Lincoln, Brattle, Gray and Rus- 
sell, ought to have been inserted therein, they having also agreed 
to the petitions ; who, with the eight persons in the Governor's 
list, made the number twelve, being, as he mentions, a majority of 
the whole. 

This information will, among a multitude of other things, serve 
to convince your Lordship, that Governor Bernard has spared no 
pains, to vilify the Council, and prevent the success of their appli- 
cations for the redress of the grievances, which the colonies labor 
under ; and, that he never lost sight of his favorite object, the ob- 
taining of a Council by mandamus from the Crown. And the 
Board are at a loss, how to reconcile his conduct with what he de- 
clares and promises to your Lordship, in his letter of the 30th 
of November last ; in wiiich he says, " your Lordship may 
depend upon it, that my informations have been, and shall be, 
dictated by the spirit of truth and candor ;" when there is scarcely 
any thing in either of his letters, but what is in direct opposition 
to both. 

It gives us the deepest concern, to find, by one of the resolutions, 
passed by the Lords, and afterwards agreed to by the Commons, 
that the Council of this province have been censured, as not exert- 
ing themselves, in suppressing riots. And, we are firmly persuaded, 
that the Council would have escaped the displeasure of the two 
Houses of Parliament, had it not been for the gross misrepresentai- 
tions of Governor Bernard, transmitted to your Lordship ; which, 
we are constrained to say, we consider not only as extremely 
cruel, with respect to the Council, but as an high imposition on 
your Lordship, and even Majesty itself. 

You will allow us to say, my Lord, that no Council on the con- 
tinent, not even those appointed by the King, have a greater aver- 
sion to riots and disorders ; nor have any of them exerted them- 
selves more to suppress them, than his Majesty's loyal subjects, the 
Council of Massachusetts Bay. 

Had their conduct been truly repi-esented, instead of censure, 
they would have met with the highest approbation. And if those, 
whose immediate business it is to suppress mobs and riots, (against 
whom, no complaint has been exhibited by the Governor,) had done 
their duty, some of the disorders might have been prevented. The 
Council, my Lord, have now done with their observations on Gov- 
ernor Bernard's letters, and they doubt not, your Lordship will 
consider what they have written, in answer to his charge, against 
the Council, as equally applicable to whathas been objected against 
them, of the same nature, by his Excellency General Gage, in his 
letter to your Lordship, of the 31st of October last ; on which we 
shall only make this further remark, that the General being- a 



166 MASSACHUSETTS STATE PAPERS. 

stranger in the province, and but just arrived, could not possibly 
speak from his own knowledge ; but must have received his account 
of the people, and of the Council, in particular, from a quarter, 
which it is needless to point out to your Lordship. 

We will not further trespass on your Lordship's patience. In 
truth, my Lord, our own is almost exhausted. The Council have 
had such repeated occasions to observe upon, and lament the un- 
kind treatment of Governor Bernard towards the people, that the 
subject has become extremely disagreeable to us. 

We have only to add, that we apprehend it needful to acquaint 
your Lordship that Samuel White, Esquire, one of the last year's 
Council, dying between the passing of the petitions above referred 
to, and the time of writing the letter to your Lordship, of the 15th 
of April last, eleven, at the last mentioned time, made a majority 
of the whole. 

We have the honor to be, with great truth and regard, my Lord, 
your Lordship's most obedient, and most humble servants, 

S. DANFORTH, 
President of the Council, and in their behalf. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
MAY 31, 1769, THE DAY OF GENERAL ELECTION. 

May it please your Excellency^ 

The great General Court, or Assembly of this province, being 
once more convened by virtue of the authority with which you are 
invested by the royal charter ; the House of Representatives think 
it their indispensable duty, under the present aspect of aifairs in 
the province, on their part, to claim that constitutional freedom 
which is the right of this Assembly, and is of equal importance 
with its existence. 

We take this opportunity to assure your Excellency, that it is 
the firm i-esolution of this House, to promote, to the utmost of their 
power, the welfare of the subject, and support his Majesty's author- 
ity within this jurisdiction ; to make a thorough inquiry into the 
grievances of the people, and have them redressed ; to amend, 
strengthen, and preserve the laws of the land ; to reform illegal 
proceedings in administration, and support the public liberty. 
These are the great ends for which this Court is assembled. 

A resolution so important, demands a parliamentai-y freedom in 
the debates of this Assembly. We are therefore constrained, thus 
early, to remonstrate to your Excellency, that an armament by sea 



MASSACHUSETTS STATE PAPERS. 167 

and land, investing this metropolis, and a military guard, with 
cannon pointed at the very door of the state house, where this As- 
sembly is held, is inconsistent with that dignity, as well as that 
freedom, with which we have a right to deliberate, consult and 
determine. 

The experience of ages is sufficient to convince, that the mili- 
tary power is ever dangerous, and subversive of free constitutions. 

The history of our own nation affords instances of Parliaments, 
which have been led into mean and destructive compliances, even 
to the surrendering their share in the supreme legislative, through 
the awe of standing armies. 

His Majesty's Council of this province, have publicly declared, 
that the military aid is unnecessary for the support of civil authori- 
ty in the colony. Nor can we conceive that his Majesty's service 
requires a fleet and army here, in this time of the most profound 
peace. 

We have a right to expect, that your Excellency will, as his 
Majesty's representative, give the necessary and effectual orders, 
for the removal of the above mentioned forces, by sea and land, 
out of this port and the gates of this city, during the session of 
the said Assembly. 

[The committee who prepared this message, were J. OtiSj CaptT 
Sheafe, S. Adams, Major Hawley, and T. Cushing.] 



PROTEST AND RESOLUTIONS 

OF THE HOUSE OF REPRESENTATIVES, MAY 31, 1769, PREVIOUSLY TO THEIR 
ENTERING ON THE BUSINESS OF THE ELECTIONS, REPORTED BY THE 
COMMITTEE WHO PREPARED THE FOREGOING MESSAGE. 

Whereas their late Majesties, King William and Queen Mary, 
in the third year of their reign, did, by their royal charter, ordain 
and grant for themselves, their heirs and successors, that on the 
last Wednesday, in the month of May, every year, there should be 
convened, held and kept by the Governor of this province, for the 
time being, a great and General Coui-t or Assembly, for such im- 
portant purposes as in the royal charter are expressly mentioned. 
And in the said charter it is particularly established and ordain- 
ed, that yearly, once in every year, forever thereafter, the num- 
ber of eight and twenty Counsellors or Assistants shall be, by the 
General Court, newly choseli ; which election of Counsellors or 
Assistants by the General Assembly, as well as the election of a 
Speaker and Clerk of the House of Representatives, by said House, 
have been always made, on the said last Wednesday in May, an- 
nually. 



168 MASSACHUSETTS STATE PAPERS. 

And whereas the said great and General Court or Assembly is 
now convened by the authority of his Majesty, according to the 
said royal charter : 

Resolved, That this House, as one branch of the same, in duty 
and loyalty to his Majesty, as well as in regard to their own just 
rights and privileges, will) to the utmost of their power, support and 
maintain a constitutional freedom in their elections, debates and 
determinations. 

Resolved, As the opinion of this House, that the keeping an 
armed force by sea and land in this metropolis, and in the port of 
the same, while the General Assembly by his Majesty's command 
is here convened, is a breach of privilege ; and inconsistent with 
that dignity and freedom with which they have a right to deliberate, 
consult and determine. 

Resolved, That this House proceed to take their part in the elec- 
tions of the day, from necessity, and in strict conformity to the 
royal charter ; having before claimed their constitutional freedom, 
and now protesting, that their thus proceeding, while the above 
mentioned forces are suffered to remain in the metropolis where 
this Court is convened, is to be considered as a precedent in any 
time hereafter, or construed as a voluntary receding of this House 
from their constitutional claim. 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

MAY 31, 1769. 

Gentlemetif 

I HAVE no authority over his Majesty's ships in this port, or 
his troops in this town ; nor can I give any orders for the removal 
of the same. FRA. BERNARD. 



SPEECH 

OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF 
REPRESENTATIVES, JUNE 1, 17G9. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

As I have nothing in immediate command from his Majesty to 
lay before you, I shall at present only recommend to you to give 
your earliest attention to the business of the province. This is got 



MASSACHUSETTS STATE PAPERS. 169 

into such an arrear, that it will require the utmost diligence to get 
it done within the usual time generally allotted to this session. 
What I shall have to point out to you, will be communicated by 
separate messages. 

I shall be ready id concur with you, in all measures proposed for 
the good of the people, that are consistent with the invariable rule 
I have laid down, of not departing from the duty I owe to the King. 
The service of the Crown and the interest of the people are objects 
very compatible with each other ; they must be so under a Mon- 
arch, who makes the general welfare of all his subjects the sole 
end of his government. It shall not be my fault, if this coalition 
of duties is not as apparent as it is real. FRA. BERNARD. 

[The Governor objected to the following gentlemen, chosen 
Counsellors, viz. T. hrattle, J. Bowdoin, J. Gerrish, T. Saunders, 
J. Hancock, A. Ward, B. Greenleaf, Col. Otis, J. Bowers, J. Hen- 
shaw, and W. Spoon er.] 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S MESSAGE) 

MAY 31, 1769,...JUNE 13. 

May it please your Excellency, 

The House of Representatives have duly considered your 
message of the 31st of May, and are sorry to find your Excellency 
declaring, that you " have no authority over his Majesty's ships in 
this port, or his troops within this town ; and that you can give no 
orders for the x-emoval of the same." 

We clearly hold, that the King's most excellent Majesty, to 
whom we have, and ever shall bear, and, since the convening of 
this present Assembly, we have sworn true and faithful allegiance, 
is the supreme executive power through all the parts of the British 
empire ; and we are humbly of opinion, that, within the limits of 
this colony and jurisdiction, your Excellency is the King's Lieu- 
tenant and Captain General and Commander in Chief, in as full 
and ample a manner, as is the Lord Lieutenant of Ireland, or any 
other his Majesty's Lieutenants, in the dominions to the realm of 
Great Britain appertaining. 

From thence, we think, it indubitably follows, that all officers, 
civil and military, within this colony, are subject to the order, di- 
rection and control of your Excellency, so far at least, as is neces- 
sary for the safety of the people and the security of the privilege 
of this House, as they are to the King's Majesty within the realm. 
And though we admit, that peace and war are in the King's hand, 
and that it is an indisputable part of the royal prerogative, neces- 
22 



170 MASSACHUSETTS STATE. PAPERS. 

sary for the preservation of the Commonwealth, as all other well 
grounded prerogative powers are — That to destine the fleets, 
and march the armies of the state to any part of the world, where 
they may be necessary for the defence and preservation of the 
society, belongs to the Crown ; yet it is impo^ible to believe, that 
a military power, or a standing army, procured and stationed here, 
in consequence of misrepresentations of the duty and loyalty of 
his Majesty's subjects of the province, and suddenly quartered, 
not only contrary to act of Parliament, and to every principle of 
reason, justice end equity, but accompanied with every mark of 
contempt, reproach and insult, to as brave and loyal a people as 
ever served a Prince, can be uncontrolable by the Supreme Execu- 
tive of the province ; which, within the limits of the same, is the 
just and full representative of the Supreme Executive of the whole 
empire. 

It is well known, that it is no uncommon thing for disturbances 
to happen in populous cities ; and such as have unfortunately taken 
place in this province, have been greatly misrepresented. We 
have not only been told of, but all parts of the empire have been 
alarmed with apprehensions of danger to his Majesty's government, 
in North America, in general, and this province in particular, by 
reason of the most exaggerated accounts of certain disturbances, 
which, however, have, in every instance, been far, very far, from 
being carried to that atrocious and alarming length, to which many 
have been in Britain, at the very gates of the palace, and even in 
the royal presence. 

It is most certain, that every subject has a right to have the 
rules of his duty, obedience and allegiance, clearly defined and de- 
termined. Hence it may be inferred, that very miserable is the ser- 
vitude of those, who know not whether they are subject to an ab- 
solute power, civil or military, or both ; as may most effectually 
prosper the machinations and fulfil the purposes of despotism. It 
must be obvious to all jurists, and to every man endued with an or- 
dinarj"^ understanding, that the doctrine your Excellency has been 
pleased to advance, in your answer to the message of the House, 
involves us in that state, which is called, by the learned, impevium 
in imperio, or at least establishes a military power here, uncontrol- 
able by any civil authoritv in the province. 

It has been publicly said, that the military power is become ne- 
cessary in this colony, to aid and support civil government, for 
which we have no less authority than the resolutions of the two 
Houses of Parliament, and the declaration of one of his Majesty's 
principal Secretaries of State. The use of the military power to 
enforce the execution of the laws, is, in the opinion of this House, 
inconsistent with the spirit of a free constitution, and the very na- 
ture of government. Nor can there be any necessity for it ; for the 
body of the people, the posse comitatus, will always aid the jnagis- 
trate in the execution of such laws as ought to be executed. The ' 



MASSACHUSETTS STATE PAPERS. 171 

very supposition of an unwillingness in the people in general, that 
a law should be executed, carries with it the strongest presumption, 
that it is an unjust law ; at least, that it is unsalutarj. It cannot 
be their law ; for, by the nature of a free constitution, the people 
must consent to laws, before they can be obliged, in conscience, to 
obey them. In truth, no law, however grievous, has been opposed 
in the execution of it, in this province ; and yet, a military powder 
is sent here, purposely to aid in the execution of the laws. And 
what adds to the injustice of those who procured this armament, is, 
that it was procured at the very time when the people were duti- 
fully supplicating the throne for redress of grievances, occasioned 
by acts of Parliament, for the purpose of raising a revenue in 
America. We think we can infer, from your Excellency's declara- 
tion, that this military force is uncontrolable by any authority in 
the province. It is, then, a power without any check here ; and 
therefore so far absolute. An absolute power, which has the 
sword constantly in its hand, may exercise a vigorous severity 
whenever it pleases. What privilege, what security, is then left 
to this House, whose very existence, to any purpose, depends upon 
its privilege and security. Nothing remains in such a state, if no 
redress can be had from the King's Lieutenant in the province, 
but that the oppressed people unite in laying their fervent and 
humble petition before their gracious Sovereign. 

[The committee appointed to reply to the Governor's Message 
of May 31, were Col. Otis, Mr. J. Otis, Mr. x\dams, Gen. Prebble, 
Maj. Hanley, Mr. Hancock, and Col. Warren.] 



MESSAGE 

FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, IN 
REPLY TO THE FOREGOING, JUNE 15, 1769. 

Gentlemen of the House of Representatives^ 

Notwithstanding the doubts and difficulties which you have 
expressed to me in your ijtiessage of 3'esterday, it is certain that 
I have no authority to give orders for the removal of the King's 
ships out of the harbor, or his troops out of the town. Whoever is 
acquainted with the arrangement of the commands in America, 
which are all derived from the same King, knows that it is so. 

I am sorry that this question should-cause the non activity of 
the Assembly for an entire fortnight ; the expense of which has 
already cost the province upwards of five hundred pounds lawful; 
and is, for what I can see, still increasing ; besides, the inconve- 
nience accruing to persons attendingthe General Court for business, 



172 MASSACHUSETTS STATE PAPERS. 

which falls harder upon them as individuals, than expenses gen- 
erally dispersed among the people. 

I cannot sit still and see such a waste of time and treasure to no 

Eurpose. If, therefore, you still continue of the opinion, "that the 
eeping an armed force in this town, and within its harbor, is a 
breach of privilege, and inconsistent with that freedom Vv^ith which 
you have a right to deliberate, consult and determine," I must ap 
ply such remedy as is in my power to remove this difRculty ; and 
the only means I have, are to move the General Court to a place 
where it cannot operate. 

It is an indifferent thing to me where the General Court is held. 
I know not that it is necessarily confined to any town ; that town 
seems to me to be the most proper for it, where the business can 
be most conveniently, easily and readily done. And as it is appar- 
ent, from your resolutions, and a fortnight's experience, that you 
do not think that this is, at this time, a proper town for the Gen- 
eral Court to sit in, I shall remove it to Cambridge, against which 
place, no objection, that I know of, can be formed, 

FRA. B'^ ^NARD. 

[The General Court was adjourned to Cambridge.] 



^ MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, 
JUNE 19, 1769. 

May it please your Excellency, 

As you have not thought proper, in your reply to the message 
of this House, of the 13th instant, to throw any light on the sub- 
ject, or invalidate the principles we therein advanced, your Excel- 
lency will allow us to conclude, that those principles were well 
grounded, and that there is no reason for us to alter our sentiments 
on this interesting point. 

You are pleased to intimate, that much time and treasure has 
been spent in determining a merely speculative question. The 
House regard a standing army', posted within the province, in a 
time of the most profound peace, and uncontrolable by any authority 
in it, as a dangerous innovation ; and a guard of soldiers, with 
cannon planted at the doors of the State House, while the Gen- 
eral Assembly was there Iveld, as the most pointed insult ever of- 
fered to a free people, and its whole Legislative. This, sir, and 
-not the question of your Excellency's authority to remove his 
Majesty's ships out of the harbor, or his troops out of the town of 
Boston, was the principal cause of the " non activity of the 



MASSACHUSETTS STATE PAPERS. 173 

Assembly." Had your Excellency felt for the Assembly, and 
the people over whom you preside, even thofugh you had sup- 
posed yourself not properly authorized, you would have em- 
ployed your influence, at least, for the removal of this grievance ; 
especially as his Majesty's Council, as well as this House, had be- 
fore expressed to your Excellency their just indignation at so un- 
precedented an affront. But, instead of the least abatement of 
this military parade, the General Assembly has been made to give 
^vc.y to an armed force, as the only means in your power to remove 
the difficulty we justly complained of. Your Excellency has ordered 
a removal of the General Assembly itself, from its ancient seat 
and place, where the public business has generally been done with 
the greatest convenience, ease and despatch. It is with pain, that 
we are obliged here to observe, that the very night after this ad- 
journment was made, the cannon were removed from the Court 
House, as though it had been designed, that so small a circum- 
stance of regard should not be paid to the Assembly, when con- 
vened by the royal authority, and for his Majesty's service in the 
coloay. 

You are pleased to pass a censure upon this House, in saying, 
that " you cannot sit still and see such a waste of time and trea- 
sure to no purpose." Those alone are answerable for any expense 
of time and treasure on this occasion, who have brought us into 
such a situation, as has hitherto rendered our proceeding to busi- 
ness incompatible with the dignity, as well as the freedom of this 
House. No time can better be employed, tlian in the preservation 
of the rights derived from the British constitution, and insisting 
upon points, which, though your Excellency may consider them as 
non essential, we esteem its best bulwarks. No, treasure can be 
better expended, than in securing that true old English liberty, 
which gives a relish to every other enjoyment. These, we have the 
satisfaction to believe, are the sentiments of our constituents, to 
whom alone we are accountable how we apply their treasure 5 and 
we are fully persuaded, from what we have already heard, that, 
notwithstanding the apparent design of your message to prejudice 
their minds against us, what your Excellency is pleased to call our 
" non activity," will receive their approbation, rather than their 
censure ; for an entire fortnight, spent in silence, or a much longer 
time, cannot be displeasing to them, when business could not be 
entered upon, but at the expense of their rights and liberties, and 
the privilege of this House. 

[The committee who reported the above, were the Speaker, Mr. 
Adams, Capt. Sheaffe, Col. Otis, Mr. Hancock, Capt. Fuller, and 
Mr. Porter.] 



174 MASSACHUSETTS STATE PAPEJttS. 

RESOLUTIONS 

OF THE HOUSE OF REPRESENTATIVES, JUNE 21, 1769. 

Whereas this House did, on the first day of the present ses- 
sion of the General Assembly, take into serious consideration the 
unliappy situation of this colony, by reason of a military force, 
procured and stationed here, in consequence of gross misrepre- 
sentations of his Majesty's loyal subjects of this colony ; and did 
then remonstrate to his Excellency the Governor, " that an arma- 
ment by sea and land, investing the metropolis where this Court 
was convened and held, and a main guard kept, with cannon point- 
ed at the very doors of the State House, was inconsistent with the 
dignity and freedom of this House :" And whereas his Excellency 
was pleased, in answer, to declare, "that he had no authority over 
his Majesty's ships in the harbor, and the troops in the town of 
Boston, and could give no orders for the removal of the same :" 
And instead of the grievance being redressed, this Assembly, itself, 
has been made to give Avay to the said armed forces, by his Ex- 
cellency's adjournment of the said Assembly, from its usual and 
ancient place, to Harvard College, in Cambridge : And whereas 
this House has reason to apprehend that it has been, and still is, 
the endeavor of persons, inimical to our happy constitution, to 
have a military power, independent of, and uncontrolable by, any 
civil authority within this colony, established here : 

Resolved, That this House will, at all times, to the utmost of 
their power, maintain the honor and dignity of our rightful and gra- 
cious Sovereign, and promote his Majesty's service in this juris- 
diction, as well as support the just rights and liberties of the peo- 
ple, their own dignity, and the constitutional freedom of their 
debates and consultations. 

^ Resolved, As the opinion of this House, that the British consti- 
tution admits of no military force within the realm, but for the pur- 
poses of offensive and defensive war : and, therefore, that the 
sending and continuing a military force within this colony, for the 
express purpose of aiding and assisting the civil government, is an 
infraction of the natural and constitutional rights of the people, a 
breach of the privilege of the General Assembly, inconsistent with 
that freedom with which this House, as one branch of the same, 
hath a right, and ought to debate, consult and determine, and man- 
ifestly tends to the subversion of that happy form of government, 
which we have hitherto enjoyed. 

Resolved, That the proceeding of this House to the public busi- 
ness of the colony, while a military force, for the purpose of aiding 
the civil authority, is quartered within the same, and declared to 
be uncontrolable by his Majesty's Lieutenant in this colony, is from 
necessity ; and is not to be considered as a precedent, at any time 



MASSACHUSETTS STATE PAPERS. 175 

hereafter, or construed as a voluntary receding of this House, from 
any of those constitutional rights, liberties and privileges, which 
the people of tliis colony, and their representatives, in General 
Court assembled, do hold, and of right ought to enjoy. 



MESSAGE 

OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, 
JUNE 21, 1769. 

Gentlemen of the House of Representatives, 

When, at the opening of the session, I recommended to you to 
give your earliest attention to the business of the province, I did 
not think that there was any occasion to specify the particulars of 
such business, as they must occur to you as readily as to me. 

However, lest this omission should be made use of as an excuse 
for your inactivity, and as you have now entered into your fourth 
week, without having done any thing at all, I shall now capitulate 
the principal articles of the public business, which have hitherto 
waited for your notice. 

- They are, 1st, the support of the government ; 2d, the supply 
of the treasury ; 3d, the providing for the payment of the provin- 
cial debt, which now amounts to one hundred and five thousand 
pounds ; 4th, the tax bill ; 5th, the impost bill ; 6th, the excise bill, 
if thought proper ; 7th, the establishment for forts and garrisons 5 
8th, the continuation of the truck trade ; 9th, the continuation or 
revival of expiring or expired laws, &c. 

All these several matters, and such others of the ordinary busi- 
ness as I may have omitted, I now recommend to your immediate 
consideration. Such assistance as I can give you, especially in re- 
moving doubts or difficulties which may attend any of the said 
business, I shall be ready to aflford you, so far as is consistent with 
my duty. FRA. BERNARD. 



MESSAGE 

FROM GOVERNOR BERNARD, TO THE HOUSE OP REPRESENTATIVES, 

JUNE 28, 1769. 

Gentlemen of the House of Representatives, 

I THINK it proper to inform you, that his Majesty has been 
pleased, by his «ign manual, to signify to me his will and pleasure, 
that I repair ta Great Britain, to lay before him the state of thi? 



176 MASSACHUSETTS STATE PAPERS. 

province ; and has also, by bis Secretary of State, given directions 
for the administration of this government, during my absence. 

Upon this occasion, I think it necessary to communicate to you 
the 53d of his Majesty's instructions, whereby he orders, that when 
the Governor shall be absent from the province, one moiety of the 
salary, and the perquisites and emoluments, which would other- 
wise be due to the Governor, shall, during his absence, be paid to 
the Lieutenant Governor, for his maintenance, and for the support 
of the dignity of the government, 

I have always considered the grant of the salary appointed to 
me, to be subject to this instruction, although it was not so ex- 
pressed in the act ; and I have no objection at the present time, 
when the absence of the Governor is foreseen, that the grant of the 
salary shall be expressed to be subject to this instruction. 

And I must, at the same time, observe to you, that as I am or- 
dered to attend his Majesty, as Governor of this province, and am 
made to understand that I am to be continued in that office, and 
am instructed for the appropriation of the salary, whilst I am ab- 
sent from the province, there is the same reason for the grant of 
the salary now, as there has been at any other time. I must, 
therefore, desire that, according to his Majesty's 49th instniction, 
such grant may be made to precede the other business of the ses- 
sion. FRA. BERNARD. 



RESOLVES 

Oi» THE HOUSE OF REPKESENTAITVES, JUNE 29, 1769. 

The General Assembly of this, his Majesty's colony of the 
Massachusetts Bay, convened by his Majesty's authority, and by 
virtue of his writ issued by his Excellency the Governor, under the 
great seal of the province : and this House, thinking it their duty, 
at all times, to testify their loyalty to his Majesty, as well as their 
inviolable regard to their own and their constituents rights, liber- 
ties and privileges, do pass the following resolutions, to be entered 
on their journal. 

Resolved, That this House do, and ever will bear the firmest alle- 
giance to our rightful Sovereign, King George the Third ; and are 
ever ready, with their lives and fortunes, to defend his Majesty's 
person, family, crown and dignity. 

Resolved, As the opinion of this House, " that the sole right of 
imposing taxes on the inhabitants of this, his Majesty's colony of 
the Massachusetts Bay, is now, and ever hath been, legally and 
constitutionally vested in the House of Representatives, lawfully 
convened, according to the ancient and established practice, with 
the consent of the Council, and of his Majesty, the King of Great 
Britain, or his Governor for the time being." 



MASSACHUSETTS STATE PAPERS. 177 

Resolved, As the opinion of this House, that it is the indubitable 
riditof the subjects in general, and consequently of the colonists, 
jointly or severally to petition the King for redress of grievances ; 
and that it is lawful, whenever they think it expedient, to confer 
with each other, in order to procure a joint concurrence, in dutiful 
addresses, for relief from common burthens. 

Resolved, That Governor Bernard, by a wanton and precipitate 
dissolution of the last year's Assembly, and refusing to call another, 
though repeatedly requested by the people, acted against the spirit 
of a free constitution ; and if such procedure be lawful, it may be 
in his power, whenever he pleases, to render himself absolute. 

Resolved, That a general discontent, on account of the revenue 
acts, an expectation of the sudden arrival of a military power, to 
enforce the executioii of those acts, an apprehension of the troops 
being quartered upon the inhabitants, when our petitions were not 
permitted to reach the royal ear, the General Court, at such a 
juncture, dissolved, the Governor refusing to call a new one, and 
the people, reduced almost to a state of despair, rendered it highly 
expedient and necessary for the people to convene by their com- 
mittees, associate, consult and advise the best means to promote 
peace and good order ; to present their united complaints to the 
throne, and jointly to pray for the royal interposition in favor of 
their violated rights. Nor can this procedure possibly be illegal, 
as they expressly disclaimed all governmental acts. 

Resolved, As the opinion of this House, that Governor Bernard, 
in his letters to Lord Hillsborough, his Majesty's Secretary of 
State, has given a false and highly injurious representation of the 
conduct of his Majesty's truly loyal and faithful Council of this 
colony, and of the magistrates, overseers of the poor, and inhabit- 
ants of the town of Boston, tending to bring on those respectable 
bodies of men, particularly on some individuals, the unmerited 
displeasure of our gracious Sovereign ; to introduce a military gov- 
ernment, and to mislead both Houses of Parliament into such se- 
vere resolutions, as a true, just and candid state of facts must 
have prevented. 

Resolved, That Governor Bernard, in the letters before men- 
tioned, by falsely representing that it was become " necessary the 
Kirij should have the Council Chamber in his own hands, and 
should be enabled, by Parliament, to supersede by order, in his 
Privy Council, commissions granted in his name, and under his 
seal, throughout the colonies," has discovered his enmity to the 
true spirit of the British constitution, to the liberties of the colo- 
nies : and has struck at the root of some of the most invaluable 
constitutional and charter rights of this province ; the perfidy of 
which, at the very time he professed himself a warm friend to the 
charter, is altogether unparalleled by any in his station, and ought 
never to be forgotten. * ■- 



178 MASSACHUSETTS STATE PAPERS. 

Resolved, That the establishment of a standing army, in this 
colony, in a time of peace, without the consent of the Genera) As- 
sembly of the same, is an invasion of the natural rights of the 
people, as well as of those which they claim as free born English- 
men, confirmed by magna charta, the bill of rights, as settled at the 
revolution, and by the charter of this province. 

Resolved, That a standing army is not known as a part of the 
British constitution, in any of the King's dominions ; and every 
attempt to establish it has been esteemed a dangerous innovation, 
manifestly tending to enslave the people. 

Resolved, That the sending an armed force into this colony, un- 
der a pretence of aiding and assisting the civil authority, is an at- 
tempt to establish a standing army here, without our consent; is 
highly dangerous to this people; is unprecedented, and unconsti- 
tutional. 

Resolved, That whoever has represented to his Majesty's min- 
isters, that the people of this colony, in general, or the town of 
Boston, in particular, were in such a state of disobedience and 
disorder, as to require a fleet and army to be sent here, to aid the 
civil magistrate, is an avowed enemy to this colony, and to the na- 
tion in general ; and has, by such misrepresentation, endeavored 
to destroy the liberty of the subject here, and that mutual union 
and harmony between Great Britain and the colonies, so necessary 
for the welfare of both. 

Resolved, As the opinion of this House, that the misrepresenta- 
tions of the state of this colony, transmitted by Governor Bernard 
to his Majesty's niinisters, have been the means of procuring the 
military force, now quartered in the town of Boston. 

Resolved, That whoever gave order for quartering even common 
soldiers and camp women in the court house, in Boston, and in 
the representatives' chamber, jj'here some of the principal archives 
of the government had been usually deposited ; making a barrack 
of the same, placing a main guard, with cannon pointed near the 
said house, and sentinels^'at the door, designed a high insult, and a 
triumphant indication that the military power was master of the 
whole legislative. 

Whereas, his Excellency General Gage, in his letter to Lord 
Hillsborough, dated October 31st, among other exceptionable 
things, expressed himself in the following words : " From what 
has been said, your Lordship will conclude that there is no gov- 
ernment in Boston ; in truth there is very little at present, and 
the constitution of this province leans so much to the side of de- 
mocracy, that the Governor has not the power to remedy the dis- 
orders that happen in it :" 

Resolved, As the opinion of this House, that his Excellency 
General Gage, in this and other assertions, has rashly and imper- 
tinently intermeddled in the civil affairs of this province, which 
aie altogether out of his department ; and of the internal police ot 



MASSACHUSETTS STATE TAPERS. 179 

which, by his letter, if not altogether his own, he has yet betrayed 
a degree of ignorance, equal to the mnlice of the autlior. 

With respect to the nature of our government, this House is of 
opinion, that the Avisdom of that great Prince, William the Third, 
who gave the charter, aided by an able ministry, and men thor- 
oughly versed in the English constitution and law ; and the happy 
effects derived from it to the nation, as well as this colony, should 
have placed it above the reprehension of the General, and led him 
to inquire, whether the disorders complained of, have not arisen 
from an arbitrary disposition in the Governor, rather than from too 
great a spirit of democracy in the constitution. And this House 
cannot but express their deep concern, that too many in power, at 
home and abroad, so clearly avow, not only in private conversa- 
tion, but in their public conduct, the most rancorous enmity 
against the free part of the British constitution, and are indefati- 
gable in their endeavors to render the monarchy absolute, and the 
administration arbitrary, in every part of the British empire. 

Resolved, That this House, after the most careful inquiry, have 
not found an instance of the course of justice being interrupted by 
violence, except by a rescue committed by Samuel Fellows, an 
officer in the navy, and by the appointment of the commissioners, an 
officer, also, in the customs ; nor of a magistrate's refusing to inquire 
into, or redress any injury complained of; while it is notorious to 
all the world, that even such acts of Parliament, as, by the whole 
continent, are deemed highly oppressive, have never been opposed 
with violence, and the duties imposed, and rigorously exacted, 
have been punctually paid. 

Resolved, That the frequent entries of nolle prosequi, by the 
Attorney and Advocate General, in cases favorable to the lib- 
erty of the subject ; and rigorous prosecutions by information and 
otherwise, in those in favor of power, are daring breaches of trust, 
and insupportable grievances on the people. 

Resolved, As the opinion of this House, that the late extension 
of the power of courts of admiralty in America, is highly dan^-er- 
ous and alarming; especially as the judges of the courts of com- 
mon law, the alone check upon their inordinate power, do not hold 
their places during good behavior ; and those who have falsely 
represented to his Majesty's ministers, that no dependance could 
be had on juries in America, and that there was a necessity of ex- 
tending the power of the courts of admiralty there, so far as to de- 
prive the subject of the inestimable privilege of a trial by a jury, 
and to render the said courts of admiralty uncontrolable by the 
ancient common law of the land, are avowed enemies to the con- 
stitution, and manifestly intended to introduce and establish a sys- 
tem of insupportable tyranny in America. 

Resolved, As the opinion of this House, that the constituting a 
board of commissioners of customs in America, is an unnecessary 
burthen upon the trade of these colonies, and that the unlimited 



180 MASSACHUSETTS STATE PAPERS. 

power the said commissioners are invested with, of making ap- 
pointments, and paying the appointees what sums they please, un- 
avoidably tends so enormously to increase the number of placemen 
and pensioners, as to become justly alarming, and formidable to 
the liberties of the people. 

Resolved, That it is the opinion of this House, " that all trials 
for treason, misprison of treason, or for any felony or crime, what- 
soever, committed or done, in this, his Majesty's colony, by any 
person or persons i-esidiiig therein, ought, of right, to be had and 
conducted in and before his Majesty's courts, held within the 
said colony, according to the fixed and known course of proceed- 
ings ; and that the seizing any persfm or persons, residing in this 
colony, suspected of any crime, whatsoever, committed therein, 
and sending such person or persons, to places beyond the sea, to 
fee tried, is highly derogatory of the rights of British subjects ; as 
thereby the inestimable privilege of being tried by a jury from the 
vicinage, as well as the liberty of summoning and producing wit- 
nesses on such trial, will be taken away from the party accused.'* 

[The committee who prepared the above, and those of the 21st 
of said month, were the Speaker, (Mr. Gushing) Col. Otis, Capt. 
SheafFe, Gen. Preble, Mr. Adams, Mr. Hancock, Mr. Spooner, 
Mr. Otis, and Mr. Porter.] 



ANSWER 

OF BOTH HOUSES, TO THE GOVERNOR'S SPEECH, AT THE OPENING OS 
THE SESSION, JUNE 29, 1769. 

May it please your Excellency, 

As your Excellency, in your speech to both Houses, at the 
opening of the present session, has recommended tons, "to give 
our earliest attention to the business of the province ;" we should 
have been glad if your Excellency had pointed out what was ex- 
pected from us. 

We agree with you, sir, that the business of the province is got 
into such an arrear, that it will require the utmost diligence to get 
it done within the usual time generally allotted to this session." 
Who brought the province under this difficulty, your Excellency 
can be at no loss to determine. Had the Assembly been called 
in the fall of the year past, there would have been no cause of 
such complaint. 

Your Excellency has been pleased to tell us, " that you shall 
be ready to concur with us, in all measures proposed for the good 
of the people, tliat are consistent with the invariable rule you have 



MASSACHUSETTS STATE PAPERS. 181 

laid down, of not departing from the duty you owe to the King." 
Tt is surprising, sir, that so soon after such a declaration, your 
Excellency should suspend your assent to a resolve for an estab- 
lishment for forts and garrisons, even for a single moment ; espe- 
cially as such an establishment was always a favorite object with 
your Excellency. Does the " duty you owe to the King, or the 
regard you have for the good of the people," forbid your signing 
it ? If so, how could your Excellency recommend this business 
to the House, in your message of the twenty -first instant, as what 
was necessary to be immediately done ? We are sensible, may 
it please your Excellency, that the service of the Crown, and the 
interest of the people, are objects very compatible with each other; 
and that they must be so, " under a monarch, who makes the gen- 
eral welfare of all his subjects, the sole end of his governme'i';." 
This sentiment is what the two Houses have adopted, and have 
always made their object. And h.ad your Excellency, in humble 
imitation of your royal master, during your administration, acted 
from such noble principles, many of the disputes between your 
Excellency and former Assemblies, would have had no existence. 
We shall, with all convenient despatch, finish the business of the 
present session, and we have a just right to expect that your Ex- 
cellency will give your assent to all such I'esolves and acts, that 
may be laid before you, as will be for the interest of the people, 
and the real service of the Crown. 

[The committee who reported the above, were B. Idncoln and, 
H. Gray, of the Council, and G. Leonard, Capt. Reed, and S. Hall, 
of the House.] 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S MESSAGE, 
OF JUNE 28 JULY 4, 1769. 

Matf it please your Excellency, 

By your message to this House, of the 28th of June, we are 
informed, that his Majesty has been pleased, by his sign manuel, to 
signify to you his will and pleasure, that you repair to Great Britain, 
to lay before him the state of this province. We are bound in duty 
at all times ; and we do, more especially at this time, cheerfully 
acquiesce in the lawful command of our Sovereign. It is a particu- 
lar satisfaction to us, that his Majesty has been pleased to order a 
true state of this province to be laid before him ; for we have abun- 
dant reason to be assured, that when his Majesty shall be fully ac- 
quainted with the great and alarming grievances which his truly 



182 MASSACHUSETTS STATE PAPERS. 

loyal subjects here have suffered, through your administration, and 
the injury they have sustained in their reputation, he will, in his 
great clemency and justice, frown upon, and forever remove from 
his trust, all those, who, by wickedly informing his ministers, have 
attempted to deceive even his Majesty himself. Your Excellency 
is best acquainted with the part you have acted : your letters have 
enabled this House, and the public, in some measure, to form a 
judgment. And while you will necessarily be employed, as thia 
House conceives, in setting your own conduct in the most favorable 
light before his Majesty, we are persuaded we shall be able to an- 
swer for ourselves and our constituents, to the satisfaction of our 
Sovereign, whenever we shall be called to it. 

You are pleased to communicate to this House, an instruction 
for the appropriation of the salary granted to his Majesty's Gov- 
ernor, during such time as he may be absent from the colony. But 
as we are not made to understand, that your Excellency will be con- 
tinued in your office, as Governor of this province, after your ex- 
|)ected departure from it, the House cannot, in faithfulness to their 
constituents, make an unprecedented grant of their money for ser- 
vices which we have no reason to expect will ever be performed. 

Your Excellency must be fully sensible, that the people of this 
province have never failed, in duty to his Majesty, to make ample 
provision for the support of his government. You will be pleased 
to remember, that you are fully paid to the 2d of August next ; be- 
fore the expiration of which time you will embark for Great Britain. 
We shall then make the necessary provision " for the support of the 
dignity of government ;" and when his Majesty shall be pleased to 
appoint another Governor, we trust this people will be ready, as 
they ever have been, to grant him an ample salary, proportional to 
their abilities, and suitable to his station and merit. These are the 
only considerations which ought to have any weight with this House, 
in granting the people's money, for the support of a Governor. His 
Majesty's 49th instruction, now before the House, and to which 
you refer us, is a rule for your Excellency ; but we conceive it was 
never intended for the House of Representatives. We have, how- 
ever, the pleasure of observing, that your Excellency is not at all 
restrained by it, from signing any bills, or other matters, that may 
be laid before you, at any time preceding the grant of a salary for 
the support of government; and, therefore, we have a just right to 
expect that you will not, on that account, retard such public busi- 
ness before you, as his Majesty's service, and the welfare of the 
people, indispensably requires. 

[The committee which reported this answer, consisted of Mr. 
OtiSj Col. Warren, Mr, Hancock, Capt. SheafFe, and Gen. Preble.] 



MASSACHUSETTS STATE PAPERS. 183 



MESSAGE 

FROM GOVERNOR BERNARD TO THE HOUSE OF REPRl^SENTATIVES, 
JULY 6, 1769. 

Gentlemen of the House of Representatives, 

I HEREBY communicate to you an extract of a letter I received 
some time ago from General Gage, desiring that I would lay before 
you the accounts of the expenditures incurred by quartering his 
Majesty's troops in Boston, that funds may be provided for dis- 
charging the same. I accordingly lay before you the said accounts, as 
communicated to me by Colonel Robertson, with a copy of a letter 
from him, on the subject. The vouchers, referred to in the said let- 
ter, are in the hands of Colonel Joseph Goldthwait, who will pro- 
duce the same to your order. I desire that you will take these ac- 
counts into your consideration, and provide proper funds for dis- 
charging the same, so far, at least, as you are required by law. 
' I am also desired by the General, to make a requisition to you, 
that provision may be made for the further quartering his Majesty's 
forces in the town of Boston, and Castle Island, according to act of 
Parliament. This provision was made for the 65th regiment, whilst 
it was quartered at Castle Island by my order, with the advice of 
Council. But, now the General Court is sitting, it is proper that 
you should take order in this business, and especially in providing 
funds for that purpose, without which, further provision cannot be 
made. I desire you would act thereon as soon as you can, as I 
understand that the quartering the 29th regiment in the Castle bar- 
racks, is delayed for want of it. FRA. BERNARD. 



MESSAGE 

FROM Governor Bernard to the house of representativeSj 

JULY 12, 17Q9. 

Gentlemen ofiJie House of Representatives, 

As the session is drawing to a conclusion, I must desire that 
you will give an answer to my message of the 6th instant, and that 
you will distinguish betwe^jn the charges arising from the hiring of 
barracks, and furnishing them, and the charges of purchasing provi- 
sions, as are directed by act of Parliament to be provided by this 
province ; and that you will also give an answer, whether you will es- 
tablish funds for the future supply of provisions, according to act of 



184: MASSACHUSETTS STATE FAPERS. 

Parliament, to the troops quartered in barracks, in Boston, or which 
may be quartered in the provincial barracks, on Castle Island, or 
either of them. And I desire that you will be explicit and distinct 
in those particulars, that there may be no mistake in the report of 
your resolutions on these heads. 

In my former message, I omitted to inform you that the barracks 
on Castle Islan4, will not conveniently hold a regiment without an 
additional building for officers' rooms. The want of such a building 
has been inquired into by the Commissioners, and found to be real ; 
and an estimate of the expense has been made, which, I understand, 
amounts to two hundred and fifty pounds. I desire that you will 
take this also into consideration, and let me know your resolution 
thereon. ♦ FRA. BERNARD. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S MESSAGES, 
OF JULY 6 AND 12....JULY IS, 1769. 

May it please your Excellency^ 

The House of Representatives have contemplated your sev- 
eral messages of the 6th and 12th instant, as fully as the time, to 
which you were pleased to limit them, would admit. And as Gen- 
eral Gage's letter on this subject, dated 15th of May, of which we 
■were favored with an extract only, must have been received be- 
fore the meeting of the General Assembly, we think it very extra- 
ordinary that your Excellency should sufter five or six weeks to 
elapse, before you thought proper to give us the least intimation 
of this matter. It is also surprizing, that, as the Barrack Master 
General, Colonel Robinson, was in Boston near a month, the 
greater part of which time, the General Assenjbly was sitting, we 
never before heard of the " demand" which he had " the honor to 
make," as he is pleased to express himself, in his letter to your 
Excellency, of the 18th of June. It is wonderful indeed, that this 
House should have no notice of that demand, till the 6th instant, 
and that a quickening message should so soon follow. Between 
these messages, Lord's day intervening, the House had adjourned, 
as usual, from Saturday to Monday. But it is truly astonishing, 
that when the gracious desires of majesty itself, of aids in men 
and money in the late war, in which we freely bled with our fellow 
subjects and brethren of Great Britain, as well as of America ; and 
on less arduous occasions have, with royal clemency and great 
condescension, ever been intimatedin the form only of a requisi- 
tion, the Barrack Master General should hold so high and peremp- 



MASSACHUSETTS STATE PAPERS. 185 

tory a tone as the word demand, must necessarily imply. The in- 
dignity, thus oftered to your Excellency's commission, would have 
been an aftair entirely between your Excellency and the Barrack 
Master General, had it not been communicated to us as an appen- 
dage, nor accompanied your message of the 6th instant, the sub- 
ject of which, we shall now, more immediately consider. 

The public proceedings of this House, we trust, will sufficiently 
evince to the whole world, and to all posterity, the idea we enter- 
tain of the sudden introduction of a fleet and army here ; of the 
unparalleled methods used to procure this armament; and of the 
indefatigable pains of your Excellency, and a few interested per- 
sons, to keep up a standing force here, by sea and land, in a time 
of profound peace, under the mere pretence, of the necessity of 
such a force, to aid the civil authority. But were it a time of war, 
and the necessity of such a force ever so great, of which it is ad- 
mitted, the King, by virtue of his undoubted prerogative of march- 
ing his armies, and directing his fleets to any part of his realms or 
dominions, is the sole judge; yet, sir, it should be remembered, 
that the very nature of a free constitution, requires that those fleets 
and those armies should be supported only by the aids voluntarily 
granted by the Commons. Thus, till very lately, they have been 
supported, not only in Great Britain and Ireland, but in all the 
British dominions. 

May it please your Excellency, we are constrained to be very 
explicit upon the funds proposed, and the law alluded to, both ia 
your message of the 6tli instant, and in the extract of General 
Gage's letter before us. By funds, we presume, is meant a provi- 
sion for the reimbursement of such expenses as have been occa- 
sioned, or may accrue, in consequence of quartering the troops 
here ; and by law, is meant the mutiny act, so commonly called, 
which was passed in the 6th year of the reign of our most gracious 
Sovereign. By this act, it is declared, " the officers and soldiers 
quartered, as therein more particularly expressed, shall, from time 
to time, be furnished and supplied by a person or persons, to be 
authorized or appointed for that purpose by the Governor and 
Council of each respective province ; or upon the neglect or refu- 
sal of such Governor and Council, in any province, then by two 
or more Justices of the Peace, residing in or near the place" of 
quartering, with ^' fire," and other enumerated articles. And 
that the respective provinces shall " repay such person or persons, 
all such sum or sums of money, b}^ him or them paid, for the tak- 
ing, hiring, and fitting up uninhabited houses, and for furnishing 
the officers and soldiers therein, and in the barracks," with " fire," 
and the other enumerated articles. And such sum or sums are, by 
said act, required to be " raised in such manner as the public 
charges for the provinces respectively are raised." And it is also 
further declared bv said act, that '* the extraordinary expense of 



186 MASSACHUSETTS STATE PAPERS. 

carriages to be paid by the province or colony where the same 
shall arise." 

From hence it is obvious, that a Governor and Council have no 
more right, by this act, to draw money out of a colony treasury, 
than the two justices mentioned therein. The duty prescribed, is 
entirely confined to the appointment of a person or persons, to fur- 
nish and supply the articles in said act mentionetl. Such is the 
unreasonableness and severity of this act, that it leaves to the As- 
semblies not the least color of a privilege, but only the pitiful 
power to raise the sums in such manner as the public charges of 
the provinces are respectively raised. Hence it is manifest, how 
unwarrantably the Governor and Council have acted, in the pay- 
ments they have ordered between the dissolution of the last year's 
Assembly and the convening of this, for articles furnished his Ma- 
jesty's 65th regiment, lately quartered in the barracks, at Castle 
William ; for it is known, there was no fund provided, consequent- 
ly, there could be no appropriation made by the General Court for 
that purpose. 

We shall now, with your Excellencj'^'s leave, take a nearer view 
of the act of Parliament above mentioned. The whole continent 
has, for some years past, been distressed with what are called acts 
for imposing taxes on the colonists, for the express purpose of rais- 
ing a revenue; and that, without their consent in person, or by 
representative. Tliis subject has been so fully handled by the 
several Assemblies, and in the publications that have been made, 
that we shall be as brief as possible upon that head; but we take 
leave to observe, that in strictness, all those acts may be rather 
called acts for raising a tribute in America, for the further purposes 
of dissipation among placemen and pensioners. And, if the present 
system of measures should be much further pursued, it will soon 
be very difficult, if possible, to distinguish the case of widows and 
orphans in America, plundered by infamous informers, from those 
who suffered under the administration of the most oppressive of 
the Governors of the Roman provinces, at a period, when that once 
proud and haughty republic, after having subjugated the finest 
kingdoms in the world, and drawn all the treasures of the east to 
imperial Rome, fell a sacrifice to the unbounded corruption and 
venality of its grandees. But of all the new regulations, the stamp 
act not eyepted. this under consideration, is the most excessively 
unreaso ^.e. For, in effect, the yet free Representatives of the 
free Assemblies of North America, are called upon to repay, of 
their own and their constituents money, such sum or sums, as per- 
sons over whom they can have no check or control, may be pleased 
to expend ! As Representatives, we are deputed by the people, 
agreeable to the royal charter and laws of this province. By that 
charter and the nature of our trust, we are only empowered to 
*' grant such aids." and " levy such taxes for his Majesty's ser- 
vice, as are reasonable ;" of which, if we are not free and independ- 



MASSACHUSETTS STATE PAPERS. 187 

ent judges, we can no longer be fi-ee Representatives, nor our 
constituents free subjects. If we are free judges, we are at liberty 
to follow the dictates of our own understanding, without regard to 
the mandates of anotlier; much less can we be free judges, if we 
are but blindly to give as much of our own and of our constituents 
substance, as may be commanded, or thought fit to be expended, by 
those we know not. 

Your Excellency must, therefore, excuse us, in this express de- 
claration, that as we cannot, consistently with our honor, or inter- 
est, and much less with the duty we owe our constituents, so we 
shall never make provision for the purposes in your several mes- 
sages above mentioned. 

[The Committee who prepared this answer, were, Col. Otis, 
Major Havvley, Col. AVilliams, Mr. Adams, Mr. Otis, Col. Ward, 
and Mr. Hancock.] 



SPEECH 

OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, 
JULY 15, 1769. 

Gentlemen of the House of Representatives, 

At the opening of this session, I had in contemplation the ex- 
pediency of passing the public bills which were necessary to the 
government, with all due expedition, and particularly the supply 
bill, without which, the whole provincial debt, by a law then sub- 
sisting, would have been levied in one year, which would have 
been a great burthen upon the people. And I had resolved with 
myself to promote the expediting such necessary bills, and to 
avoid and remove, as far as I could, all difficulties which might 
obstruct the same. Put you, gentlemen, had not the same dispo- 
sition ; you not only put a stop to all business, with the most 
trifling pretences, for some weeks together, but you endeavored, 
by all means you could, to oblige me, in the course of my duty, to 
put an abrupt end to the session, before you would permit the ne- 
cessary business of the province even to be brought before you. , 
In this, you had some success ; you put me under the difficulty 
of either not making proper provision for the necessary service of 
the government, which could not be done without continuing the 
session, or by a continuation of it, showing a want of regard to the 
dignity of tiie Crown. The assertions, declarations and resolu- 
tions wliich you have, from the beginning of the session to this 
time, continued to issue, in direct opposition to the sense of the 
sovereign legislature, as it has been lately declared, and in terms 



188 MASSACHUSETTS STATE PAPERS. 

entirely inconsistent with the idea of this province being a part of 
the British empire, would have demanded of me an immediate vin- 
dication of the honor of the Crown, by putting an early end to this 
session, if I had not been restrained by my concern for the exi- 
gency of the state. And I must rely upon his Majesty's favorable 
indulgence in accepting my attention to the necessities of the 
people, in lieu of the resentment which was due to the misbe- 
havior of their Representatives. 

To his Majesty, therefore, and, if he pleases, to his Parliament,, 
must be referred your invasion of the rights of the imperial sove- 
reignty. By your own acts you will be judged. You need not 
be apprehensive of any misrepresentations ; as it is not in the 
power of your enemies, if you have any, to add to your publica- 
tions ; they are plain and explicit, and need no comment. 

It is my duty, and I shall do it with regret, to transmit to the 
King, true copies of your proceedings ; and, that his Majesty may 
have an opportunity to signify his pleasure thereon, before you 
meet again, I think it necessary to prorogue this General Court, 
immediately, to the usual time of its meeting for the winter ses- 
sioTi. FRA. BERNARD. 



PETITION 

OF THE HOUSE OF REPRESENTATIVES TO THE KING, TO REMOVE SIR FRAN- 
CIS BERNARD FOREVER FROM THIS GOVERNMENT, AGREEBLE TO THE 
UNANIMOUS VOTE OF THE HOUSE. JUNE 27, 1769. 

Most Gracious Sovereign, ^ 

We, your Majesty's most dutiful and faithful subjects, the 
Representatives of your ancient and loyal colony of the Massa- 
chusetts Bay, impressed with the deepfest gratitude to Almighty 
God, for calling to the British succession your illustrious family; 
and so firmly establishing your Majesty on the throne of your 
royal progenitors : And being abundantly convinced of your Ma- 
jesty's grace and clemency, most humbly implore the royal favor, 
while we briefly represent our grievances, which your Majesty 
alone, under God, can redress. 

We are constrained, in duty to 3^our Majesty, and in faithfulness 
to our constituents, to lay before your Majesty our complaints of 
his Excellency Sir Francis Bernard, Baronet, your Majesty's 
Governor of this cplony, whose whole administration appears to 
have been repugnant, not only to your Majesty's service^, and the 
welfare of your subjects in the colony, but even to the first princi- 
ples of the British constitution. 



MASSACHUSETTS STATE PAPERS. 189 

From his first arrival here, he has, in his speeches and other 
public acts, treated the Representative body with contempt. 

He has, in his public speeches, charged both Houses of the 
General Assembly expressly, with oppugnation against the royal 
authority ; declaring that they had left gentlemen out of the Coun- 
cil, only for their fidelity to the Crown. 

He has, from time to time, indiscreetly and wantonly exercised 
the prerogative of the Crown, in the repeated negative of Counsel- 
lors of an unblemished reputation, and duly elected by a great 
majority, some of them by the unanimous sutfrage of both Houses 
of Assembly. 

He has declared, that certain seats at the Council Board shall be 
kept vacant, till certain gentlemen, who are his favorites, shall be 
reelected. 

He has,unconstitutionaIly,interfered with, and unduly influenced 
elections, particularly in the choice of an agent for the colony. 

He has very abruptly displaced divers gentlemen of worth, for 
no apparent reason, but because they voted in the General Assem- 
bly with freedom, and against his measures. 

He has, in an unwarrantable manner, taken upon himself the 
exercise of your Majesty's royal prerogative, in granting a charter 
for a college, contrary to an express vote of the House of Repre- 
sentatives, and without even asking the advice of your Majesty's 
Council. 

He has practiced the sending over depositions to the ministry, 
privately taken, against gentlemen of character h^re, without giv- 
ing the persons accused, the least notice of his purposes and pro- 
ceedings. 

He has very injuriously represented your Majesty's loving sub- 
jects of this colony in general ; as having an ill temper prevailing 
among them; as disaffected to your Majesty's government, and in- 
tending to bring the authority of Parliament into contempt. And, 
by such false representations, he has been greatly instrumental, as 
this House humbly conceive, in exciting jealousies, and disturbing 
the harmony and mutual affection which before happily subsisted, 
and we pray God, may again subsist between your Majesty's sub- 
jects in Great Britain and America. 

He has, in his letters to one of your Majesty's ministers, unjust- 
ly cliarged the majority of your Majesty's faithful Council in the 
colony, with having avowed the principles of opposition to the 
authority of Parliament, and acted in concert with a party, from 
whence such opposition originated. 

He has, also, in his letter to another of your Majesty's ministers, 

falsely declared, that a plan was laid, and a number of men actually 

enrolled, in the town of Boston, to seize your Majesty's Castle 

William, in the harbor of the same, out of your Majesty's hands. 

Such representations of the state and circumstances of thia 



190 MASSACHUSETTS STATE PAPERS. 

colony, from a gentleman of the highest trust in it, will, of neces- 
sity, be received with full credit, till they are made to appear 
false. And, in consequence thereof, your Majesty's true and loyal 
subjects have suffered the reproach, as well as other hardships, of 
having a military force stationed here, to support your Majesty's 
authority, and the execution of the laws; which measure has been 
approved by your Majesty's two Houses of Parliament, as appears 
in their resolutions, that the town of Boston had been in a state of 
disorder and confusion, and that the circumstances of the colony 
were such as required a military force, for the purposes above 
mentioned. 

Having been a principal intrument, as we apprehend, in pro- 
curing this military force, your Majesty's said Governor, in an un- 
precedented manner, and as though he had designed to irritate to 
the highest degree, ordered the very room which is appropriated 
for the meeting of the Representatives of the General Assembly, 
and was never used for any other purpose, and where their records 
are kept, to be employed as a barrack for the common soldiers. 
And the sentinels were so posted, as that your Majesty's Council, 
and the Justices of the Courts of Common Law, were daily inter- 
rupted, and even challenged, in their proceeding to the business of 
their several departments. 

He endeavored, contrary to the express design of an act of 
Parliament, to quarter your Majesty's troops in the body of the 
town of Boston, while the barracks, provided by the government at 
the Castle, within the town, remained useless. And, for purposes 
manifestly evasive of said act, he unwarrantably appointed an offi- 
cer to provide quarters for the troops, otherwise than is therein 
prescribed. 

After having dissolved the General Assembly, at a most critical 
season, and while they were employed in the most necessary and 
important business of the colony, he arbitrarily refused to call 
another, for the space of ten months, and until the time appointed, 
in the royal charter, for the calling a General Assembly, against 
the repeated dutiful petitions of the people. 

It appears, by his letters to the Earl of Hillsborough, your 
Majesty's Secretary of State, that he has endeavored to overthrow 
the present constitution of government in this colony, and to have 
the people deprived of their invaluable charter rights, which they 
and their ancestors have happily enjoyed, under your Majesty's 
administration, and those of your royal predecessors. 

By the means aforesaid, and many others that might be enume- 
rated, he has rendered his administration odious to the whole body 
of the people ; and has entirely alienated their affections from him, 
and thereby wholly destroyed that confidence in a Governor, which 
your Majesty's service indispensibly requires. 

Wherefore, we most humbly entreat your Majesty, that his 
Excellency Sir Francis Bernard, Baronet, may be/orever removed 



MASSACHUSETTS STATE PAPERS. 191 

from the government of this province. And, that your Majesty 
would be graciously pleased, to place one in his stead, worthy to 
serve the greatest and best Monarch on earth. 

[The committee, who reported this petition, were, the Speaker, 
(Mr. Gushing,) Col. Otis, i'apt. Sheaffe, Gen. Preble, Mr. Adams, 
Mr. Hancock, Mr. Spooner, Mr. Otis, and Mr. Porter."] 



LETTER 

FROM THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO W. BOLLAN, 
ESQ. AGENT IN ENGLAND, ON APPEALS, JULY 16, 1769. 

This colony has lately been very much alarmed, by an order's 
being obtained from his Majesty, in Council, granting an appeal to 
them from a final judgment of the Supreme Court of Judicature, 
&c. in this colony, in an action of ejectment, wherein one David 
Jeffries was demandant, and Nathaniel Donnell, Esq. defendant. 

Although this action is a dispute about private property, be- 
tween individuals, yet as the establishing such a precedent, would 
be fatal in its consequences to the American colonies, it demands 
the. attention of the General Assembly. 

This colony was settled by private adventurers, at their owa 
expense, and thereby an extensive country added to the dominioa 
of Great Britain. The lands were purchased of natives, by those 
adventurers, and their successors, who thereby acquired as abso- 
lute a property in the soil, as a British subject can attain. The 
right to the soil hath been confirmed and established by royal 
charters, and is expressly confirmed and established, by the char- 
ter granted to this province, by their late Majesties, King William 
and Queen Mary, of glorious memory, which has never been for- 
feited, or any way vacated, wherein their said Majesties, for them- 
selves, their heirs and successors, granted to the inhabitants of the 
province or territory of the Massachusetts Bay, all the lands and 
hereditaments, whatsoever, lying within the limits of said prov- 
ince ; to have and to hold the same, with their appurtenances, to 
the said inhabitants and their successors, to their only proper us-e 
ijind behoof forever, to be holden of their said Majesties, their heirs 
and successors, as of the Manor of East Greenwich, in the county 
of Kent, by fealty only, in free and common sockage, yielding and 
paying therefor, to their said Majesties, their heirs and successors, 
the fifth part of all gold and silver ore, and precious stones, which 
may, from time to time, and at all times, be found and obtained, in 
any of the said lands or premises. 

In and by the same charter, their said late Majesties did, fur 



192 MASSACHUSETTS STATE PAPERS. 

themselves, their heirs and successors, give and grant, that the 
General Court of the same province, should forever have full 
power and authority to erect and constitute Judicatories, and 
Courts of Record, or other Courts, to be held in the name of their 
said late Majesties, their heirs and successors, for the hearing, 
trying and determining of all manner of crimes, offences, pleas, 
processes, plaints, actions, matters, causes and things, whatsoever, 
arising or happening within the same province, or territory, or be- 
tween persons happening or residing there, whether the same be 
criminal or civil ; whether the said crimes be capital or not capi- 
tal ; and whether the said pleas be real, personal or mixed ; and 
for the awarding execution thereupon, saving only an appeal to 
his Majesty, in Council, in personal actions, wherein the matter 
in difference exceeds the value of 300L sterling : Provided always, 
that nothing therein, should extend or be taken to erect, grant, or 
allow the exercise of any Admiralty Court, jurisdiction, or power, 
but that the same should be, and thereby was reserved to their 
said late Majesties and their successors. From which it follows, 
according to the ancient maxim, exceptio prohat regidam, that the 
Judicatories and Courts, erected and constituted in this colony, in 
consequence, and by virtue of the same charter, have cognizance 
of, and full power and authority of finally judging and determining 
all actions, arising or happening within the province, excepting 
matters properly cognizable in the Admiralty Court, and that no 
appeal lieth from such determinationsand judgments, to any court 
or jurisdiction, whatever, excepting only, the above mentioned in- 
stance in personal actions, where the matter in difference exceeds 
the value of 5001. sterling. 

We also clearly hold, that, of common right, actions of eject- 
ment, and all real actions, are local, and triable only in the re- 
spective counties where the lands or tenements, in question, be, 
This principle of law is so fully established, that whenever at- 
tempts have been made to draw into question titles of law, in other 
counties, (though in actions in their own nature transitory,) such 
attempts have ever been suppressed by the wisdom of the judges 
and sages of the law, as subtle and dangerous innovations in dero- 
gation of the common law. Therefore, the establishing a prece- 
dent for granting appeals to his Majesty in Council, from the final 
judgment and determinations of the proper courts in this colony, 
in real, or any other actions, that draw the title of freeholders, in 
question, would be the subverting of an ancient principle of the 
common law, as well as contrary to the great charter, which or- 
dains that no freeman shall be disseized of his freehold, or any 
otherwise destroyed, but by lawful judgment of his peers, by the 
law of the land, would be in direct violation of the royal charter, 
granted to this colony, and pregnant with every mischief that can 
possibly arise to its inhabitants. 

Without mentioning the parties being deprived of a trial by a 



MASSACHUSETTS STATE PAPERS. 193 

jury from the viclitity. who must be supposed to be the most com- 
petent jud<^es of the facts, views, and all circumstances of local 
evidence, it will be impossible for the inhabitants of this colony, 
in general, to defend their titles at the distance of thrc' thousand 
miles, against claims, however groundless and unjust. Mhe greater 
part of the estates in this colony are So small, that it ',•- wiih diffi- 
culty that the freeholder, however ii)dustrious or frugal, supplies 
his family with the necessaries of life, and pays his proportion of 
taxes for the ordinar}' support of government. His whole estate, 
converted into money, would be insufficient to defray the ordinary 
expense and charges of defending a suit in Great Britain. In ev- 
ery such appeal, judgment must, therefore, of course, be obtained 
against him by (''^fault, and he subjected to perpetual imprison- 
ment, for cost. This is the case of by much the greater part of 
the landholders in this colony, and, indeed, there are but few 
that would not be w ithin the same mischief. Therefore, the es- 
tablishing such a precedent, would infallibly enable a few wealthy 
men, whether resident in the colonies, or elsewhere, by setting up 
groumlless and unjust complaints, to possess themselves, under 
color of law, of the greatest part of the lands and hereditaments of 
his Majesty's foithful subjects in this colony, and would actually 
red'uce them to as abject and miserable situation and condition, 
as that of ancient Villenage, where, although the villain might pur- 
chase lands in fee, yet he held them only at the will of his lord. 

The train of evils, consequent upon this, is obvious : agriculture, 
the natural livelihood of this infant colony, will be iiscouraged, 
and the settling and peopling this extensive continent, prevented. 
The trade of the colonies is already unhappily expiring, and should 
agriculture meet with the sam- fate, the very sinews of the Com- 
monwealth will be destroyed, and his Majesty's subjects, in tins 
colony, reduced to a state (h desperation. 

You are, therefore, strictly enjoined, to use your utmost endeavor 
to prevent so fatal a precedent's being established. And we 
would inform you, for your assistance herein, that an appeal, 
claimed to his Majesty in Council, from a judgment of the vSupreme 
Court, in the province of New York, in the case of Forsey vs. 
Cunningham, even in apcjsonal action, has lately been dismissed, 
as not warranted by lav 



194 MASSACHUSETTS STATE PAPEllS. 



LETTER 

FROM D. DE BERDTr ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE 
HOUSE OF REPRESENTATIVES. 

London, February 11, 1769. 

SIR, 

You are not without warm and steady friends, in both Houses 
of Parliament, who are ^^rieved at the hardships you are under. I 
waited, yesterday, on Lord Shelburne, who is deeply impressed 
with a sense of your difficulties ; and says, if he had been still in 
the Ministry, he should have composed all your difficulties, with- 
out any military forte : for, when he was in the administration, 
your colony paid him the most respectful and obliging conduct of 
any of the colonies ; and he will endeavor to serve you, in any 
particular, wherein he thinks it just to do it. 

The Ministry seem confused and perplexed, and intoxicated 
with high notions of power, which gives great uneasiness here, as 
well as the affairs of America. 

Yesterday, the livery of London met, to give instructions to 
their Representatives, which were of a very spirited nature ; in 
which, they recommend their care to encourage and promote our 
trade to all the British colonies. The whole of such instructions 
must be displeasing to the Ministry. And, now London has 
begun, it is more than probable, this method of instruction will 
run through the greatest part of the kingdom ; and, I hope, will 
have a good effect ; at least, that it will shew the general temper 
of the people, to cultivate a good understanding and trade with 
America. 

I was, also, since ray last, with Colonel Barre, who is a hearty 
and zealous friend to America, and to your colony in particular. 
He is very sensible of the difficulties you are undei-; and is ready, 
at all times, to exert himself in your favor. 

D. DE BERDT. 



SPEECH 

OF THE LIEUTENANT GOVERNOR, TO THE COUNCIL AND HOUSE OF REPRE- 
SENTATIVES, MARCH 15, 1770, AT THE OPENING OF THE SESSION. 

Gentlemen of the Council, and 

Gentlemen of t/ie House of Representatives, 

1 INTENDED to havc met the Court, on the 10th of January, at 
Boston, being the time and place to which it stood prorogued, when 
the Governor left the province ; but> by the two last packets from 



MASSACHUSETTS STATE PAPERS. 195 

England, I have received such instructions, as made it necessary 
for me further to prorogue, it to this time and place ; and, I am 
informed, that, before the session is ended, 1 may expect to have 
something, in special command from his Majesty, relative to the 
state and circumstances of the province, to lay before you. In the 
mean time, I shall be ready to join with you, in such of our inte- 
rior business, as shall be thought necessary, or expedient. The 
state of this business, I am not able, particularly, to point out to, 
you, having had but little knowledge of the affairs of the General 
Court, for several years past. There are amendments or altera- 
tions-, absolutely necessary to be made, in some of our laws, the de- 
fects of which have, of late, been a subject of general complaint ; I 
shall, liereafter, propose them to you by messages. I have anotlicr 
matter, also, of general utility, which I shall lay before you in 
the same way. 

You cannot oblige me more, than by putting it in my power to 
concur with you in measures for promoting the peace, good order, 
and lasting tranquillity of the province. 

I am sensible the season of the year is approaching, when you 
caiiiiot be absent from your several homes, without peculiar preju- 
dice to your private affairs. I shall, therefore, do all that is neces- 
sary, on my jiarl, to give the greatest despatch to the business of 
the session : al the same time, I am willing to give attendance 
upon it, as long as we can employ ourselves for the benefit of the 
province. T. HUTCHINSON. 



REMONSTRANCE 

OF THE HOUSE OF RFPRESENTATIVES, AGAINST THE PROROGATION OF THE 
GENERAL COURT, BY THE MANDATE OF THE MINIsflf^R, &c. ADDRESSED 
TO THE LIEUTENANT GOVERNOR, MARCH 15, 17T0; 

May it please your Honor, 

The House of Representatives of this, his Majesty's colony, 
observing in your proclamation for proroguing the General As- 
sembly, that you were pleased to assign as the only reason, " that 
you had received instructions to meet the said Assembly, at Cam- 
bridge,'" think it their indispensable duty to remonstrate to your 
Honor, against any such reason, for proroguing this Court, a? 
being an infraction of our essential rights, as men and citizen.), as 
well as those derived to us by the British constitution, and the 
charter of this colony. 

We would further beg leave to remonstrate to your Honor, that 
tjie holding a General Assembly in Harvard College, is utterly 
repugnant to the interest of that seminary of learning, and, conse- 



19Q MASSACHUSETTS STATE PAPERS. 

quently, to the designs of the Representatives of this people, in so 
liberally granting the monies of their constituents, for its emolu- 
ment and support. 

For these reasons, the House of Representatives are indispensa- 
bly obliged to pray your Honor to exert the authority derived to 
you from his Majesty's royal commission, agreeable to the charter 
of this colony, and vested in you alone, in adjourning this great 
and General Assembly, to its ancient place, the Court House, in 
Boston. 

We forbear to mention, particularly to your Honor, the great 
inconveniences which attend the sitting of the Assembly, in Cam- 
bridge, where the Members cannot be accommodated ; but more 
especially, as they are at a distance from the place where the re- 
cords of the Assembly are kept. 

[This remonstrance was prepared by tlie Speaker, Mr. Adams, 
Mr. Otis, Capt. Sheaffe, Mr. Hancock. Col. Bowers, and Mr. Hall.^ 



MESSAGE 

I'ROM THE LIEUTENANT GO A 3RNOR, TO THE HOUSE OF REPRESENTATIVES, 
MARCH 16, 177' . 

Gentlemen of the House of Represenliitcves, 

There being reserved, by the I'oyal charter, to this province, 
certain powers to the Governor, whensoever his Majesty's pleasure 
is signified to me, wliilst I am Commander in Chief, in what man- 
ner those powers shall be exercised, I think myself bound to con- 
form to it. 

[ wish that every part of my administration, whether by force of 
instructions, or otherwise, might be satisfactory to the Members of 
the House ; but must not depart from my duty to the King. If 
I should compi • '. ith the desire of the House, in atTjourning or pro- 
roguing- the Court, ta ^'oston, I apprehend I should incur his Ma- 
jesty's displeasure : . .k! I the rather hope it v.'ill not be expected 
from me, because > ^hnU never take exception to the exercise of 
any powers, which are constitutionally ^n the House, although such 
powers should be exercised, in consequence of instructions given 
to the Members of the House, by their constituents. 

T. HUTCHINSON. 

.TTIie House sent a message to the Council, requesting them to 
taivB such measures as they shall think jjtoper for the removal of 
the Court, to Boston. The Council sent a message to the Lieuten- 
ant Governor on the subject, and he replied to the Councilj by 
message : both of which follow.l 



MASSACHUSETTS STATE PAPERS. 107 



ADDRESS 

OF THE COUNCIL TO Till r.IRUTENANT GOVERNOR, IN REPLY TO HIS 
SPEECH, AT THE OPENING OF. THE SESSION, MARCH 20, 1770. 

The Board have given all due attention to your speech at the 
opening of the present session. Your Honor is pleased to say, that 
your intention was to have met the Court, at Boston, on the lOdi 
of January, judging, we humbly presume, that it was most for the 
public benefit, as well as the particular convenience of the Mem- 
bers, that the Court should convene at that time, and that the busi- 
ness of the province should be then transacted. It gives us, there- 
fore, sensible concern, to find your Honor, immediately after de- 
claring, that " instructions received from England, made it neces- 
sai-y for you further to prorogue it to another time and place." 
S:olicitous, as we always are, for the preservation of the royal pre- 
i igative, we are equally anxious for the good of the people. We 
Cannot excuse ourselves, therefore, from observing to your Honor, 
that if his Majesty's Representatives should, from time to time, 
receive directions respecting such matters, as, from the local cir- 
cumstances of the province, he must have greater advantages to 
judge of himself, we fear many inconveniences may arise. 

If your Honor should, upon tlioroughly revolving the matter 
again in your mind, be convinced, tliat though you were instructed 
to meet the Assembly, in Cambridge, yet. his Majesty's service, 
and the interest of the province, conspire to render it fit tliat the 
remaining part of the session should be at the usual place for hold- 
ing the General Court; or should think that the reason for its sit- 
ting in this place has now ceased, the Board presume to hope, that 
your Honor will iadjourn it to the Court House, in Boston. 

The Board, moreover, beg leave to suggest to your Honor, that 
Governor Bernard's wanton exercise of power, in rejecdn"- so 
great a number of the gentlemen who were elected Counsellors 
in May last, has rendered a very general attendance of the present 
Council necessary. And as a number of Members are prevented, 
by bodily indisposition, from giving their presence, who could 
attend if the Court M'as removed to its former place, there is dan- 
ger, from the great number of committees, which will be wanted 
in the course of the session, that if it should continue here, the 
business of the province may be greatly retarded. 

The Board are humbly of opinion, considering the present state 
of the province, that your Honor will run no risk of incurring his 
Majesty's displeasure, by complying with the reqi^est of botii 
Houses. 

When your Honor shall "lay any matter before the Court, 
which you may receive in special command from his Majesty, rela- 
tive to the state and circumstances of the province," the Board 



198 MASSACHUSETTS STATE PAPERS. 

will not fail to pay that regard to it, which every thing coming 
from our gracious Sovereign, justly demands. 

The disadvantages arising from the prorogation of the Court at 
this time, when the season of the year is approaching, that the 
Members cannot be absent from their several homes, without pecu- 
liar prejudice to their private affairs, is sensibly felt by us. So 
great despatch cannot be given to the business of the session, if the 
Court should continue here, as if removed to its ancient seat. We 
are, however, obliged to your Honor, for assuring us that you shall 
do all which is necessary to that end, on your part ; and that you 
are willing, at the same time, to give attendance upon it, as long 
as the Court can be employed for the benefit of the province ; 
which, we assure your Honor, this Board will ever make the great 
object of their pursuit. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL, IN REPLY TO THE 
FOREGOING, MARCH 21, 1770, 

Gentlemen of the Council^ 

I THANK you for your address. Had my removal of the Court 
from Boston to Cambridge, been founded merely upon my own 
opinion of the expediency of the measure ; or if I knew that the 
motives, which caused my order to prorogue the Court were ceas- 
ed, the reasons urged by the Council, and the House, would have 
their due weight and influence over me 5 but I neither prorogued the 
Court here, from my own motives, nor have I reason to think that 
the motives for ordering it to be done, now cease. However it 
may seem to others, I must consider myself as a servant of the 
King, to be governed by what appears to me to be his Majesty's 
pleasure in those things, which otherwise I might have a right to' 
do, or not to do, according to my discretion. 

T. HUTCHINSON. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES, TO THE SPEECH OF THE LIEUTEN- 
ANT GOVERNOR, DELIVERED TO BOTH HOUSES, AT THE OPENING OF THE 
SESSION, MARCH 27, 1770. 

May it please your Honor, 

The House have taken your speech, at the opening of this 
session, into their consideration, and cannot but express their con- 



MASSACHUSETTS STATE PAPERS. 199 

cern, at your Honor's supposing yourself to have been necessitated, 
by the instructions you have received, to prorogue the General 
Court to this time and placo : and are constrained to say, that if 
your Honor's principles, in that respect, are hereafter to be adopt- 
ed by the Commanders in Chief, of this province, we hope his Ma- 
jesty's Ministers will pay more regard to the charter and constitu- 
tion of this province, than they seem to have done in this instance, 
before they again advise our most gracious Sovereign to give such 
instructions. 

We shall cheerfully attend to your Honor's message, respecting 
any necessary amendments or alterations in our laws, or any other 
matter of common utility, and are very desirous of transacting the 
business of this province, which is now greatly in arrear, with des- 
patch ; but the many inconveniences attending the holding of the 
General Court, at Cambridge, will, of necessity, greatly retard it. 

However, your Honor may rely upon it, that this House! will do 
every thing in their power for promoting the peace, good order, 
and lasting tranquillity of this province. 

[The committee who prepared the above, consisted of the Speak" 
er, Mr. Adams, Mr. Leonard, Col. Otis, and Major Hawley.J 



MESSAGE 

FROM THE LIEUTENANT OOVERNOR TO THE HOUSE OF REPRESENTA- 
TIVES, IN ANSWER TO THEIR VERBAL MESSAGE, MARCH 22, 1770. 

Gentlemen of the House of ItepresentativeSf 

Your committee, by a verbal message, have desired me to 
communicate to the House, a copy of the instructions, which I 
have received, for meeting the Court, at Cambridge. I shall always 
be sorry when it is not in my power to comply with the desire of 
the House. I am not at liberty to do it now, because the King has 
been pleased to order that no letters nor instructions to his Gov- 
ernor, shall be communicated, without his Majesty's special leave. 

T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES, TO THE LIEUTENANT 
GOVERNOR, MARCH 23, 1770 

May it please your Honor, 

The House of Representatives beg leave still to remonstrate 
to your Honor, against the holding this General Assembly in Cam- 
bridge, as being repugnant to the constitution, and the law of this 
Commonwealth. 



200 MAi5SACHUSETTS STATE PAPERS. 

By an act, passed in the tenth year of his late Majesty, King 
Wili'^am, of glorious memory, which received his royal approba- 
tion, and is now in force, the form of a writ for calling the Gen- 
eral Assembly', is established 5 wherein it is ordered, that the 
General Assembly be convened, held and kept in the Town House, 
in Boston. Hence it appears, that the Town House, in Boston, is, 
by law, established, as the only place for holding the Assembly; 
and we take the liberty to express our sentiments, that no instruc- 
tion ought to be deemed of sufficient force, to invalidate the law. 

With regard to the instruction, which seems to lie with so mucli 
wcigl:t on your Honor's mind, we would observe, that when a bill 
was brought into the British Parliament, to give the royal instruc- 
tions in the colonies, the force of law, the Commons then asserted the 
rights of the people, and rejected it M'ith disdain. 

We, therefore, again iiitreat your Honor, further to take this 
matter under your consideration, and, agreeable to the request of 
both Houses, to order the removal of this General Assembly, to its 
ancient and legal place, the Court House, in Boston. 

[The committee, by whom this message was reported, was Col. 
O'is, Mr. Hancock, Capt. Sheatte, Mr. Adams, and Mr. Leonard."] 



MESSAGE 

FROM THE LIEUTENANT C-nVERNOR TO THE HOUSE OF REPRESTNTA 
TIVES, IN REPLY TO THE FOREGOING, MARCH 23, 1770, 

Gentlemen of the House of Representatives, 

youR observation upon the form of the writ for calling the 
Geneitl Assembly, has been made in former controversies, po long 
ago as in Governor Burnet's administration, but it did not then 
prevail. The words, " the town of Boston," in the writ, like the 
words " William the Third," were understood to be mete niatter 
of form ; the one adapted to the place where the Court had usually 
been held ; tise other, to the Prince then on the throne. 

I have never attempted to give the King's instructions the force 
of laws. If I was convinced, that, by any law, the Court must be 
held at Boston, I should not very easily be induced to prorogue 
it to any other place, until such law should be repealed - 

T. HUTCIliNSON. 



MASSACHUSETTS STATE PAPERS. 201 



REPORT AND RESOLUTIONS, 

ADOPTED MARCH 24, 1770, IN THE HOUSE OF REPRESENTATIVES ; PREPARED 
BY A COMMITTEE, APPOINTED TO CONSIDER THE STATE OF THE PROVINCE, 
AND TO INQUIRE INTO PUBLIC GRIEVANCES. 

[The committee were, Mr. Gushing, (the Speaker.) Mr. Adams, 
Maj. Havvley, Col. Otis, Mr. Leonard, Mr. Hancock, Capt. Sheafte, 
Mr. Spooner, and Capt. Derby.] 

Whereas, in and by an act of this province, made and passed 
in the tenth year of his late Majesty, King William the Third, it 
is enacted and ordained, that the writ, to be at any time thereafter 
issued by the Governor of the said province, shall be in the form 
following: [Here the form of the writ is given; which requires 
that the great and General Court or Assembly of the province, 
should be holden " at the Town House, in Boston,''^ ^'c] which 
said act was, in due season, laid before his said Majesty, King 
William the Third, of glorious memory; and did then receive his 
royal approbation ; and therefore, being a perpetual act, and not 
repealed, is now in full force, and cannot be repealed by any 
authority, but that of the legislative body of this province. This 
being the form of the writ prescribed in the said act, the Town 
House, in Boston, is the place thereby established, for the holding 
and keeping, as well as the convening the great and General As- 
sembly of this province. 

And whereas this province, by a perpetual act of the fifth of 
William and xMary, both made provision for upholding and repair- 
ing the said Town House, in Boston, for the holding of the said 
Assembly, x/hich amounts to an establishment of the seat of gov- 
ernment in that place ; and seems to be the foundation and reason 
of expressly inserting the name of the place, in the form of the 
writ aforesaid ; And also, in providing them an elegant mansion 
house, for the residence of the Governor : And the said General 
Assembly hath constantly been convened, held and kept, at the 
said town house, in Boston, agreeably to the act aforesaid ; pesti- 
lential sickness in said town, and other extraordinary cases, neces- 
sarily preventing it, excepted : 

Resolved, That the holding and keeping, as well as the conven- 
ing the said great and General Assembly, by force of instruction, 
or otherwise, at any other place, than in Boston aforesaid, is 
attended with very great inconveniences ; is contrary to the 
ancient custom and usage of the said Assembly ; in direct repug- 
nance of the constitution and the establishment aforesaid ; and 
therefore a grievance. 

And whereas both Houses of this Assembly, have remonstrated 
to his Honor the Lieutenant Governor, and present Commander 
in Chief of this colony, against the holding this General Assembly, 
".6 



202 MASSACHUSETTS STATE PAPERS. 

in Cambridge ; and have prayed his Honor to remove the same to 
its ancient seat, the Court House, in Boston ; but his Honor hath 
repeatedly refused to comply with their request : 

Therefore, resolved, That this House do now proceed to busi- 
ness, under this grievance, onbj from absolute necessity ; hereby 
protesting against the illegality of holding the Assembly as afore- 
said ; and ordering this, their protest, to be entered on their jour- 
nals, to tlie end, that the same may not be drawn into precedent at 
any time hereafter. 

And whereas his Honor, the Lieutenant Governor, hath been 
pleased, in his answer of yesterday, to a me^jsage of this House, to 
intimate, that the aforesaid act of this province, of the tenth of 
William the^'Third, in no wise establishes the Town House, in Bos- 
ton, as the place for convening, holding and keeping the General 
Assembly ; expressly declaring, that " tlie words the toivn of Bos- 
ton, in the writ prescribed in said act, like the words tVitliam the 
Third, were understood to be mere matters of form." 

Resolved, As the sense of this House, that4iis Honor's strictures 
thereon, are not satisfactory or conclusive. The name of the King, 
is of the substance of the writ ; but the words William the Third, 
as all other words, descriptive of things, in their own nature change- 
able, must, in all established forms, be equally changeable them- 
selves ; and so far, may be considered as mere matter of form, or 
gratia exempli. Yet, that can by no means be the case, with re- 
spect to words, descriptive of things in their own nature, fixed and 
perpetual, as when a certain place is designated. 

Therefore, resolved, That the determination of this House, to 
proceed to business, is by no means to be considered, at any time 
liereafter, as a renunciation of the claim of the House to the legal 
right of sitting in General Assembly, at its ancient place, the Court 
House, in Boston. 



MESSAGE 

FROM THE LIEUTENANT GOVERKOR, TO THE COUNCIL AND THE HOUSE OF 
REPRESENTATIVES, APRIL 7, 1770, 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

The Secretary will lay before you several papers, which I have 
received from one of his Majesty's Justices of the Peace, and divers 
other persons, inhabitants of the town of Gloucester, and which 
relate to a very disorderly and riotous transaction in said town. 
A person appears to have been most inhumanly treated, for seek- 
ing redress in the course of the law, for former injuries received- 



MASSACHUSETTS STATE PAPERS. 203 

As this information comes to me while the General Court is sit- 
ting, I have thought it proper to communicate it to the House of 
Representatives, as well as to his Majesty's Council, that if any 
act, or order of the whole Legislature, shall be judged necessary, 
for strengthening or encouraging the executive powers of govern- 
ment, there ma}' be an opportunity for it. I must observe to you, 
that a number of persons, of the same town, were prosecuted and 
fined, at the Superior Court, for the county of Essex, in June last, 
for injuring the person and property of the present complainant, 
in a barbaious manner; and if it be truly represented, that the 
same persons have been concerned in this second oftence, it is a 
great aggravation of their crime, and a defiance of the laws and 
authority of government. T. HUTCHINSON. 



ANSWER 

OF THE HOUSE OF REPRESEXTATIVES, TO THE FOREGOING, 
APRIL 23, 1770. 

May it please your Honor, 

The House of Representatives. have taken into due consider- 
ation your message of the 7th instant, with the papers laid before 
them by the Secretary, agreeable to your direction. 

We assure your Honor, that we have the utmost abhorrence of 
all disorderly and riotous transactions. It is the disposition, as 
well as the duty, of this House, to take the most effectual measures 
to discountenance tliieni; and to strengthen and encourage the ex- 
ecutive officers in the exercise of all their lawful powers of gov- 
ernment. Nothing, therefore, shall be wanting on our part, for the 
promoting of these purposes, whenever any further steps shall ap- 
pear to us to be necessary. At present, it is the opinion of the 
House, that the laws now in being, duly executed, would be fully 
sufficient ; and, to add to the severity of the provision made by 
them, without an apparent and very urgent jiecessity, might put 
into the hands of the civil magistrate, a power that would be dan- 
gerous to the rights and liberties of the people. 

When complaints are made of riots and tumults, it is the wis- 
dom of government, and it becomes the Representatives of the peo- 
ple, especially, to inquire into the real causes of them. If they 
arise from oppression, as is frequently the case, a thorough redress 
of grievances will remove the cause, and, probably, put an end to 
the complaint. It may justly be said, of the people of this province, 
that they seldom, if ever, have assembled in a tumultuous manner, 
unless they have been oppressed. It cannot be expected, that a 
people, accustomed to the freedom of the English constitution, 



204 MASSACHUSETTS STATE PAPERS. 

will be patient, while they are under the hand of tyranny and 
arbitrary power. They will discover their resentment in a manner, 
which will naturally displease their oppressors ; and, in such a 
case, the severest laws, and the most rigorous execution, will be to 
little purpose. The most effectual method to restore tranquillity, 
would be to remove their burthens, and to punish all those who 
have been the procurers of their oppression. 

Your Honor, in your message, has pointed us to an instance, 
which yon are pleased to call '' a very disorderly and riotous 
transaction, in the town of Gloucester :" but, we cannot think it 
consistent with the justice of this House, to come into measures, 
which may imply a censure upon individuals, much less upon a 
community hitherto unimpeached in point of good order ; or even 
to form any judgment upon the matter, until more light shall ap- 
pear, than the papers, accompanying your message, afford. The 
House cannot easily conceive, what sliould determine your Honor 
so particularly to recommend this instance to the consideration of 
the Assembly, while others of a much more heinous nature, and 
dangerous tendency, have passed altogether unnoticed in your 
message. Your having received the information, while the Gen- 
eral Court is sitting, cannot alter its nature and importance, or 
render it more or less necessary to be considered by the Legisla- 
ture. The instance, admitting it to be truly represented, in all 
its aggravating circumstances, certainly cannot be more threatening 
to government, than those enormities which have been notoriously 
committed by the soldiery of late ; and, in many instances, have 
strangely escaped punishment, though repeated more than a second 
time, and in defiance of the laws and authority of government. 

A military force, if posted among the people, without their ex- 
press consent, is itself one of the greatest grievances, and threatens 
the total subversion of a free constitution ; much more, if designed 
to execute a system of corrupt and arbitrary power, and even to 
exterminate the liberties of the country. The bill of rights, passed 
immediately after the revolution, expressly declares, that " tlie 
raising and keeping a standing army within the kingdom, in a time 
of peace, without the consent of Parliament, is against law." And 
we take this occasion to say. with freedom, that the raising and 
keeping a standing army within this province, in a time of peace, 
without the consent of the General Assembly, is equally against 
law. Yet we have seen a standing army procured, posted and 
kept within this province, in a time of profound peace, not onlv 
without the consent of the people, but against the remonstrance of 
both Houses of Assembly. Such a standing army must be designed 
to subjugate the people to arbitrary measures. It is a most violent 
infraction of their natural and constitutional rights. It is an un-r 
lawful assembly, of all others the most dangerous and alarming; 
and every instance of its actually restraining the liberty of any 
individual, is a crime, which infinitely exceeds what the law in- 



MASSACHUSETTS STATE PAPERS. 205 

tends by a riot. Surely then, your Honor cannot think this House 
can descend to the consideration of matters, comparatively trifling, 
while the capital of the province has so lately been in a state of 
actual imprisonment, and the government itself is under duress. 

The fatal effects, which will forever attend the keeping a stand- 
ing army vvitliin a civil government, have been severely felt in 
tliis province. They landed in a hostile manner, and with all the 
ensigns of triumph ; and your Honor must well remember, that 
they early invested the Manufactory House, in Boston ; a capa- 
cious building, occupied by a number of families, whom they 
besieged and imprisoned. The extraordinaiy endeavors of the 
Chief Justice of the province, to procure the admission of troops 
into that house, in a manner plainly against law, will not easily be 
erased from the minds of this people. Surely your Honor could 
not be so fond of military establishments, as willingly to interpose 
in a matter which might possibly come before you as a judge. To 
what else can such astonishing conduct be imputed, unless to a 
sudden surprize, and the terror of military power in the Chief Jus- 
tice of the province, which evidently appeared to have also arresteil 
the inferior magistrates. 

We shall not enlarge on the multiplied outrages committed by 
this unlawful assembly; in frequently assaulting his Majesty's 
peaceable and loyal subjects; in beating and wounding the magis- 
trate, when in the execution of his office; in rescuing prisoners 
out of the h;.' Js of justice; and finally, in perpetrating the most 
horrid slaughter of a number of inhabitants,* but a few days before 
the sitting of this Assembly, which your Honor must undoubtedly 
have heard of. But not the least notice of these outrageous of- 
fences has been taken ; nor can we find the most distant hint of the 
late inhuman and barbarous action, either in your speech, at the 
opening of the session, or even in this message to both Houses. 
These violences, so frequently committed, added to the most 
rigorous and oppressive prosecutions, carried on by the Crown 
against the subjects, grounded upon unconstitutional acts ; 
and in the Court of Admiralty, uncontroled by the Courts <if 
Common Law, have been justly alarniing to tlie people. The 
disorder, which your Honor so earnestly recommends to the 
consideration of the Assembly, very probably took its rise from 
such provocations. The use, therefore, which we shall make of 
the information in your message, shall be to inquire into the grounds 
of the people's uneasiness, and to seek a radical redress of their 
r;rievances. Indeed, it is natural to expect, that while tlie terror 
of arms continues in the province, the laws will be in some 
degree silent. But when the channels of justice shall be again 
opened, and the law can be heard, the person who has com- 
plained to your Honor, if he has truly represented his case, will 
have his remedy. We yet entertain hopes, that the military povv- 

* The massacre of Maveh 5, 1770; 



206 MASSACHUSETTS STATE PAPERS. 

er, so grievous to the people, will be removed from the province, 
to stations wliere it may better answer the design, for which it was 
originally raised. Till then, we have nothing to expect, but tliat 
tyranny and confusion will prevail in defiance of the laws of the 
land, and the just and constitutional authority of government. 

We cannot avoid, befm'e we conclude, to express the deepest 
concern, that while the people are loudly complaining of intoler- 
able grievances, the General Assembly, itself, has just reason to 
remonstrate against a violent and repeated infringement of their 
constitutional right. In order to avoid the most flagrant impro- 
priety of its being kept in a garrisoned town, it was the last ses- 
sion, as it were, driven from its ancient and legal seat ; and even 
now, it is held in this place, at a distance from its offices and 
records, and subject to the greatest inconveniences, without any 
necessity, which we can conceive, or the least apparent reason. 
These alarming considerations have awakened and fixed our atten- 
tion ; and your Honor cannot think, we can very particularly 
attend to things of less moment, within the jurisdiction of the Exec- 
utive Courts, at a time, when, in faithfulness to our constituents, 
our minds are necessarily employed in matters which concern the 
very being of the constitution. 

[The committee were, Col. Otis, Mr. Williams, of Taunton, 
Maj. Hawley, Mr. Adams, Mr. Otis, Mr. Hancock, and Mr. San- 
ders, of Gloucester.] ^ 

NOTE. 

At the session in April, 1770, T. Gushing, the Speaker^ being 
unable to attend, by reason of sickness, John Hancock was chosen 
Speaker, pro tern. ; but the Lieutenant Governor did not approve 
of him, and Col. J. Warren was then chosen. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, MAY 31, 1770. 

May it please yoxir Honor, 

Being returned, by our respective towns, to represent them 
in the great and General Court or Assembly of this province, di- 
rected by his Majesty's writ, under your hand and seal, to be con- 
vened at Harvard College, in Cambridge, we beg leave to repre- 
sent to your Honor, our opinion, that the only writ, established by 
law, for convening a General Assembly, is apparently formed 
upon a supposition, that the Town House, in Boston, is the only 
place, where the said Assembly is to be convened, held and kept. 



MASSACHUSETTS STATE PAPERS. 207 

Our fathers, in ITSl, were evidently of opinion, that the conven- 
ing, holding and keeping the Assembly at any other place, was 
contrary to the act of this province, of the 10th of William the 
Third, which establishes the form of the writ. Accordingly, when 
the Assembly was then adjourned to this place, though the Provi- 
dence of God had rendered it impossible for them, consistent with 
safety to their lives, to meet in Boston, by reason of a contagious 
distemper, which raged there. Governor Shute declared, that he 
did not mean the adjournment should ever after be drawn into 
precedent ; and the three branches of the Legislature passed a re- 
solve, to make valid their proceedings ; which they would not 
have done, if they had thought the adjournment from the Town 
House, in Boston, however necessary, had been consistent with 
the before mentioned legal establishment. 

Indeed, in 1729, Governor Burnet, without any such necessity, 
ordered the Assembly to be convened at Salem ; but the Repre- 
sentatives of the people then remonstrated to the Governor against 
the illegality of the measure ; and although he insisted upon it, 
they never yielded the point. We do not recollect any other in- 
stance of the removal of the Assembly from' Boston, except in 
cases of the same necessity with that in 1721. But, in the present 
case, not the least shadow of necessity appears ; for no instruc- 
tions, or orders, front any authority, inferior to that of the whole 
Legislature, can avail with your Honor, to set aside a legal estj;^- 
lishment. How far you may be bound, by the instructions you 
may have received, is not for us to determine ; but when such in- 
structions shall, in their operation, infringe on the legal and es- 
se"ntial rights of this Assembly, you cannot but expect they will 
au akeu our attention, and alarm our jealousy. 

If we could possibly admit, that the law above mentioned, did not 
absolutely determine the Town House, in Boston, to be the estab- 
lished seat of this Assembly, and that it, therefore, remained a 
prerogative of the Crown, in your Honor's discretion, to remove 
it to this, or any other place, it ought always to be remembered, 
that the prerogative is a discretionary power, in some instances, 
vested in the King only, for the good of the subject. We cannot 
presume, that his Majesty would exercise that power, or siiffer 
any servant of his to exercise it to a different end. " The prerog- 
ative of the Crown extends not to do any injury ; for being created 
for the benefit of the people, it cannot be exerted to their prejudice." 
But the continuance of the Assembly in this place is not only at- 
tended with very great inconvenience to us, being at a distance 
from our ofiices and records ; is not only contrary to the ancient 
custom and usage of the Assembly ; in direct repugnance to the 
constitution and establishment aforesaid ; but is also, in many re- 
spects, so far from tending to the good of the subjects, that it ex- 
tends to their injury and prejudice. And v;e would particularly ob- 
serve upon the great impropriety of the Assembly being held in 



208 MASSACHUSETTS STATE PAPEllS. 

this place, as it is an invasion of private property, and a perver- 
sion of the true design of our forefathers, in planting this seminary 
of learning ; and it may also hereafter be made a precedent for 
establishing the authority of the College in very different hands 
from those in which its happy constitution has placed it. 

For the above mentioned reasons, we think it our indispensable 
duty, before we proceed upon the business of the Assembly, to re- 
monstrate to 3^our Honor, against its being held in this or any 
place, other than the Town House, in Boston. 

[The remonstrance above, passed the House the 30th, being the 
first day of the session ; but the Lieutenant Governor, not being in 
the chair, it could not be presented that day. The House, there- 
fore, ordered the following protest to be eutered on their journal.] 



PROTEST 

OF THE HOUSE OF REPRESENTATIVES, ADOPTED AND ENTERED ON THEIR 
JOURNAL, MAY 30, 1770. 

Whereas, this House hath passed a remonstrance to his Honor 
tlie Lieutenant Governor, against holding the General Court in 
this place, or any other, than in the Town House, in Boston ; which 
remonstrance cannot now be presented, his Honor not being in the 
chair ; and whereas, according to the royal charter of this province, 
it is necessary that this Court proceed to the choice of Counsel- 
lors, for the year ensuing, on this day, being the last Wednesday 
of May : Therefore, resolved, that this House do proceed to the 
said election of Counsellors, at this time, only from necessity ; 
protesting against its being drawn into precedent at any time 
hereafter, or considered as a voluntary receding of the House 
from their constitutional claim. 



SPEECH 

OF THE LIEUTENANT GOVERNOR, TO BOTH HOUSES, MAY 31, 1770. 

Gentlemen of the Council^ and 

Gentlemen of the House of Representatives^ 

Not having received any special commands from his Majesty, 
to be communicated to you, I have only to recommend to your 
consideration, the public business of the province, which it has 



MASSACHUSETTS STATE PAPERS. 209 

been usual for the General Court to act upon, at this season of 
the year. 

Analagous to the constitution of the Supreme Legislature, it is 
with you, gentlemen of the House of Representatives, to originate 
a bill for supplying the treasury with a sum sufficient to defray 
the necessary charges of government; an estimate of which, the 
Treasurer will lay before you. The consideration of tl^e tax for 
the present year, comes also within the same rule. For several 
years past, the taxes have been much reduced, and in one year, 
there was no provincial tax ; a large public debt, therefore, still 
remains, with which the present year is burdened ; and you will, 
I doubt not, think it greater than your constituents can con- 
veniently discharge at once. I am ready to give my consent to a 
bill for reducing this sum, and charging a part of it upon a future 
year; but, out of regard to the public interest, I cannot help put- 
ting you in mind, that, although we are now in a state of peace, 
yet, from the vicissitudes to which all human affairs are liable, and 
from the present commotions in Europe, the time of our continu- 
ance in this state, is very uncertain ; and bis Majesty's British 
dominions may, ere long, be again involved in war. If we shall 
have then a large public debt remaining, it will be a heavy clog 
upon us, and we may see, too late, that it is good policy, in times 
of peace, to discharge the debts incurred in times of war. If I 
am rightly informed, some of the other colonies are entirely free 
from their debts, contracted in the last war; and all of them are 
more so, in proportion, than we are. 

I will not determine, gentlemen, but I pray you to consider, 
whether the discontinuing the excise upon spiritous liquors, which 
used to ease the tax upon polls and estates, has been of advantage 
to the province, or whether it is not probable that it has only 
caused a proportionably greater unnecessary consumption of such 
liquors, to the detriment of the health and morals of the people. 

GentleineUf 

A multitude of petitions came before the General Court the last 
year, some of which, seemed to be of very small importance, and I 
thought it hardly consistent with the dignity of the Court, to take 
cognizance of therti. The Assembly then passed one act, which 
had a tendency to lessen the number of private petitions; and I 
should be glad if further expedients could be agreed upon to the 
like purpose. 

I wish for a happy harmony in the Legislature, and I will most 
readily concur with you, in every measure you shall propose, as 
far as can consist with my duty to the King, and the regard I bear 
to the interest of the province. T. HUTCHINSON. 



210 MASSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

MAY 31, 1770. 

Gentlemen of the House of Representatives', 

By the charter, the Governor has the power of adjourning and 
proroguing the General Assembly. Tliere is no limitation of time 
or place. Can it be supposed, that, merely by force of the form of 
a writ, for calling the General Assembly, this power is taken away 
or abridged } Will it not rather be supposed, that the word " Bos- 
ton,^^ in this writ, is mere matter of form ; especially when it is 
considered, that it will be equally necessary for the writ to be 
dated at Boston ; for that is a part of the form, as it is for the Court 
to be convened there ? Now it must, in the very nature of the 
thing, be perfectly indifferent in what place the writ is dated. 

I am sensible there have been disputes upon this point, both in 
Govei-nor Shute's and Governor Burnet's administration. But in 
Governor Burnet's time, the dispute, as I apprehend, was settled ; 
and I cannot help being of opinion, that you are moving a matter 
which has been more than forty years at rest ; and I must put you 
in mind, that in 1737, the King, for the more convenient carrying 
into execution a commission for settling the line between this 
province and New I^ampshire, instructed the Governor to remove 
the General Court to Salisbury, where more than one session was 
held. Whether this was necessary, I will not determine. But if 
it was necessary, I know that his Majesty was the sole judge of 
the necessity. I was then a Member of the House ; and do not 
remember a word to have been said of the illegality of holding the 
Court in any other town than Boston. The point had been settled 
a few years before, and was fresh in the memory of the House. 

If the removal of the Court to Cambridge, had been illegal, I 
do not think I could have justified myself in such removal. I am 
sure his Majesty never intended that his instructions should super- 
sede or control the law. 

I agree with you, that the prerogative of the Crown does not 
extend to do any injury ; but I cannot admit, that the exercise of 
the prerogative, in this particular instance, is an injury. I persuade 
myself, you intend no more than to represent to me your opinion, 
that though it should be admitted to be legal, yet it is inconvenient 
to you, and to the College. 

If you desire me to adjourn or prorogue the Court to any other 
place in Cambridge, than the College, I will immediately do it ; 
and to such place, where you may be best accommodated ; but I 
cannot remove the Court from Cambridge, until I know more of 
his Majesty's pleasure, than I do at present ;1 for, as I had occasion 
to observe to the last Assembly, I must goyern myself by iiis 



MASSACHUSETTS STATE PAPERS. 211 

Majesty's pleasure, as it shall be signified to me, in all cases ; in 
which, otherwise, I might have a right to act, or not to act, accord- 
ing to my own discretion. For it appears to me to be preposterous 
to suppose, that the sole power, given to the Governor, of pro- 
roguing or dissolving the Court, was intended, as some would have 
it, to exclude the King from his right of controling the Governor. 
Nothing can be more manifest, than that it is intended for no 
other purpose, than to exclude both the other branches of the 
Court from any share in this power. 

I have transmitted every thing which passed the last session of 
the Court, on this subject, to be laid before his Majesty. I shall 
do the same vAth the message you have sent me, and this, my an- 
swer to it ; and, I have no doubt, the royal determination will be 
such as to give no just cause of complaint. 

T. HUTCHINSON. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

JUNE 5, 1770. 

Gentlemen of the House of Representatives, 

You have sent to me a verbal message, by a committee, who 
have desired a copy of my instruction, or instructions, relative to 
my convening the General Court at Harvard College. I have no 
instruction for convening the Court at Harvard College, and I am 
willing to adjourn or prorogue it, to any part of the town of Cam- 
bridge, where it can be accommodated. 

My orders are sufficient to convince me, that it is his Majesty's 
pleasure the Court should be held in Cambridge ; but I am not at 
liberty to lay a copy of those orders before the House, being re- 
strained by a general instruction, which requires me to make no 
copies of letters, or papers, from the Secretary of State, public, 
without special leave first given me so to do. I take no pleasure 
in refusing to comply with the request of the House, but you will 
not expect rae to do any thing inconsistent with my duty to the 
King. T. HUTCHINSON. 



212 MASSACHUSETTS STATE PAPERS. 



REPORT AND RESOLUTIONS. 

[After the above message was read, a committee was appointed, 
composed of the Members following, viz. T. dishing, (the Speak- 
er.) Mr. Adams, Mr. Leonard, Maj. Hawley, Mr. Hancock, Mr. 
Porter, Col. Worthington, Capt. Siieaft'e. and Col. Warren, to 
consider what may be further proper to be done, while the Gen- 
eral Assembly is held out of the Town House, in Boston. The 
6th of June they made report, which was accepted, ninety-six to 
six. The report was as follows :] 

In and by an act of this province, made and passed in the tenth 
year of his late Majesty, King William the Third, it is enacted, 
that the writ, to be at any time thereafter issued by the Governor, 
or Commander in Chief of the said province, shall be in the form 
following, viz. [Here the form of the writ was recited, and it re- 
quired that the persons chosen to be Representatives of the people, 
should convene at the Town House, in Boston, where the General 
Assembly was to be held and kept.] Wherefore, inasmuch as no 
other writ could be issued for convening a General Assembly, and 
the place where it should be convened, held and kept, was ex- 
pressly declared, in and by said writ, to be the Town House, in 
Boston, it was the opinion of the House of Representatives, in the 
last year, that the above mentioned act, by establishing that to be 
the form of said writ, had established the Town House, in Boston, 
as the only legal place for convening, holding and keeping the 
General Assembly. 

Nor was that a novel construction of said act ; for in the year 
1721, under the administration of Governor Shute, when the small 
pox raged in the town of Boston to such a degree, as that the 
General Assembly could not be held there, without endangering 
the lives of the Members, (for which reason the three branches of 
the Court were desirous of its being removed,) the two Houses re- 
fused to pass one governmental act, out of the town of Boston, un- 
til they had passed a resolve to make such acts valid. To which 
resolve, his Majesty's Representative gave his assent ; and en- 
gaged, on his part, that the removing of the Court there, should 
not be drawn into precedent for the removing of the Court from 
Boston, for the future. 

It must be absurd to suppose that the words, " Town House, in 
Boston," were inserted in the writ, through inadvertence ; and 
thus much, at least, may certainly be inferred, from their being 
inserted ; that at the time of enacting said law, it was the common 
understanding and consent of all the branches of the Court, that 
the Town House, in Boston, was the most proper and convenient 
place for holding the General Assembly ; and that it would always 
be held there, extraordinary cases excepted. 



MASSACHUSETTS STATE PAPERS. 213 

Especially, considering; that the General Court had, before, by a 
perpetual act of the 5th of William and .Mary, made provision for 
upholding and repairing the Town House, in Boston, for the hold- 
ing of the General Assembly ; and that it hath generally been 
the understanding and sense of the three branches of the General 
Assembly ever since, that the Town House, in Boston, was the 
established place for holding the General Court, appears by their 
I'ebuilding, with the province monies, the Town House, in Boston, 
when it was consumed by fire ; and their procuring at Boston, an 
elegant mansion house, for the residence of the Governor ; and 
also by their repairing and upholding them, for the same purpose, 
to this day. 

But if it could be admitted that the above mentioned act, of the 
10th of William, is not conceived, in such express terms, as to 
abridge the King's prerogative, and that the right of assigning the 
place for the sitting of the General Assembly, ^till remains a pre- 
rogative.of the Crown, at the discretion of the Governor of this 
province; yet he can by no means be justified, or excused, in 
holding tiie General Assembly out of the town of Boston, contrary 
to their entreaties and remonstrances, to their manifest injury, and 
when no one good purpose can be served hereby. 

The prerogative is a discretionary power, in some instances, 
vested in the King, for the good of the subject- " It extends not 
to do an injury ; for being created for the benefit of the people, it 
cannot be exerted to their prejudice." But the holding the Gen- 
eral Assembly at Cambridge, is greatly prejudicial to tiie whole 
province, as well as to the Members of the Court. It deprives the 
General Assembly of the house provided for their accommodation ; 
and, at the same time, obliges us to be dependant on the owners 
of private property, for the place of holding the Assembly. 

It, in a great measure, deprives the Assembly of the benefit of 
the public offices, and records of the province ; and thereby very 
much obstructs and retards the j)ublic business. 

It also, in a great degree, prevents a communication between 
the Members of the House of Representatives and their con- 
stituents ; and in many cases, at this critical time, renders them 
unable to guide their measures by the sentiments of their princi- 
pals ; and it is inconvenient to the Members, as they cannot be so 
well accommodated, as in the place where the Assembly has been 
wont to be held. 

There have been some few instances of the General Court's 
being held out of the town of Boston ; but they were all in extra- 
ordinary cases, when the necessity of the removal of the Court 
was notorious, or when, from some special emergency, all were 
convinced of the expediency of the measure, and tacitly consenting 
to it, as in the instance under the administration of Governor 
Belcher. Excepting one instance, in the year 1729, when Gov- 
ernor Burnet, in a wanton and arbitrary manner, removed the 



214 MASSACHUSETTS STATE PAPERS, 

Court to Salem ; evidently designed, by that constraint, to force 
them to make a perpetual establishment of the Governor's salary, 
and thereby to relinquish an essential right of the Commons of this 
province ; and he gave it, as one reason for his extraordinary con- 
duct, that " the inliabitants of Boston used endeavors to work on 
the minds of the Representatives, to bring them to their way of 
thinking ;" thereby insinuating, that the Representatives of the 
people ought not to be influenced by the reasonings and arguments 
of the people without doors. But that arbitrary^nd injurious re- 
moval of the General Assembly from its ancient seat, favoring 
more of despotism than a due exertion of the prerogative of a 
British Prince, will never be mentioned as a constitutional prece- 
dent^ by any friend to the British constitution, especially as the 
House of Representatives did then, to their great honor, remon- 
strate and protest against it. 

Wherefore, inasmuch as tiie General Assembly of this province, 
notwithstanding the entreaties, remonstrances and protest of the 
House of Representatives, to the contrary, was the last year con- 
tinued at Cambridge ; and now, a new Assembly is convened ; and 
against the remonstrance of this House, to the great inconvenience 
of its Members, and the injury of the province, without any neces- 
sity, or the least probability of serving one good purpose, is con- 
strained to hold the session at Cambridge : 

Resolved, As the opinion of this House, that upon a supposition, 
that it still remains a prerogative of the Crown, in the discretion 
of the Commander in Chief of this province, in any case of neces- 
sity or special emergency, to remove the General Assembly out of 
the Town House, in Boston, yet the convening and holding the 
Assembly, in Cambridge, is, in this instance, a very great 
grievance. 

And, as his Honor the Commander in Chief, has not thought fit 
to communicate any reason for the convening and holding this 
Assembly, in Cambridge ; but that he has been instructed by his 
Majesty, so to do ; and being requested to lay before this House a 
copy of such instructions, he has declined ; I'he House are utterly 
at a loss to. conceive any good reason, for thus convening and 
holding the Assembly here. 

And as the prerogatives of the Crown, however salutary, when 
they are exerted for the good of the people, have the most per- 
nicious tendency, when exerted to their prejudice ; and such exer- 
tions, unchecked, may overthrow the constitution itself ; we can- 
not view the present situation of the General Assembly, in any 
other light, than as truly alarming. And it is become our indis- 
pensable duty, as the guardians of the people's rights, now to 
make a constitutional stand. 

And, as the former House of Assembly, rather than maintain 
any controversy with the Lieutenant Governor, submitted to the 
grievance, in hopes tliat it would not be continued, but be speedily 



MASSACHUSETTS STATE TAPERS. 215 

redressed : yet, inasmuch as the prayers, entreaties, remonstran- 
ces, and protests of this, and the former House, have, hitherto, 
eft'ected no relief; and the proceeding to public business, at Cam- 
bridge, may be construed as a tacit submission, and may render 
abortive all future measures to obtain a redress of this grievance : 

Resolved, That, notwithstanding there are matters now lying 
before the Assembly, of very great importance, and which we are 
desirous of entering upon and completing ; nevertheless, it is by 
no means expedient to proceed to business, while the General 
Assembly is thus constrained to hold their session out of the town 
of Boston. 

Resolved, That his Honor the Lieutenant Governor be address- 
ed, to remove the General Assembly to its ancient and usual seat, 
the Town House, in Boston. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, JUNE 7, 1770. 

Jlay it please your Honor, 

The House of Representatives have taken into consideration 
the state of the province, with regard to the moving the General 
Assembly out of the town of Boston ; and, by a majority of 96, out 
of 102 Members present, have resolved, that the convening, hold- 
ing, and keeping the great and General Court out of the said 
town of Boston, to the manifest injury of the province, and the 
great inconvenience of the Members of both Houses, without any 
necessity, or the least probability of serving any one good purpose, 
iiotwithstanding the prayers, entreaties, remonstrances, and pro- 
testations of this and the former House to the contrary, is a very- 
great grievance ; and that it is by no means expedient to proceed 
to business, while the General Assembly is thus constrained to 
hold their session out of the town of Boston. And as there are 
matters now lying before the Assembly, of very great importance, 
which they are very desirous of entering upon, and completing, 
they humbly pray that your Honor would be pleased to remove 
the great and General Court to its ancient, usual, and only con- 
venient seat, the Town House, in Boston. 

[The committee who prepared the above, were, S. Adams, J. 
Adams, J. Hancock, Col. Warren, and S. Leonard. — J. Adams, 
Esq. was this year elected a Member from Boston, in the room of 
J. Bowdoin, Esq. chosen into the Council.] 



'216 MASSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTA- 
TIVES, JUNE 7, 1770, 

Gentlemen of the House of Representatives, 

I THINK it my misfortune, that so great a majority of your 
House, as 96 in 102, should appear to differ from me, in sentiment, 
upon any public measure. I have told you, that I have not the 
least doubt of the legality of my adjourning or proroguing the 
Court to any town in the province. The place, as well as time of 
its meeting, is left to the Governor. The Governor is the servant 
of the King, and by his commission, is to govern the province, ac- 
cording to the charter, and according to such instructions, as he 
shall, from time to time, receive from the King. Without a viola- 
tion of my instructions, I cannot now remove the Court from 
Cambridge to Boston ; I am afraid of incurring his Majesty's dis- 
pleasure, if I should do it. I am as sensible, as you can be, that 
there are many important matters lying before the Court. I am 
also sensible, that the necessity of their being acted upon, is so 
great, that, even on your own principles, you may be as fully jus- 
tified, in proceeding to act upon them, as the House of the last 
year could be justified for the business they did, or as you will be 
able to justify yourselves, for what you have already done, the pre- 
sent session. 

Does it not appear to you, of necessity, that the act of the pro- 
vince, which requires the Treasurer to issue his warrant for levy- 
ing a tax of more than eighty thousand pounds, should be repealed 
in part ? Will it be safe for you to leave Castle William and Fort 
Pownal without any establishment ? Are you willing, the act for 
limitation of suits at law, which has been often suspended, should 
now take place ? To omit the mention of many other laws, which 
I believe you judge necessary to be continued or revived. Would 
you be willing, the enemies of our happy constitution should have 
it in their power to say, that when the Governor had caused the 
General Court to be convened, pursuant to the powers reserved to 
him by the charter, the House of Representatives refused to do 
business, because he had convened it at Cambridge ; and, in their 
opinion, without any necessity, or the least probability of serving 
any good purpose ? Would not the construction of my conduct be, 
if I should carry you to Boston, after this message to me, that I 
had given up, to the House of Representatives, the power reserved 
by the charter to the Crown. 

In 1747, or 1748, when the Court House, in Boston, had been 
consumed by fire, the major part of the then House of Representa- 
tives was averse to rebuilding it, and disposed to build a house for 



MASSACHUSETTS STATE PAPERS. 217 

the General Court, in some town in the country. Being then one 
of the Representatives of Boston, I used my influence, in every 
way I could, with propriety, in favor of rebuilding the Court House, 
in Boston ; but finally could prevail thus far, and no fart'ier. The 
House, upon the question whether a grant should be made, lor 
rebuilding the Court House, was equally divided ; and I, being 
then Speaker of the House, gave my casting vote in favor of the 
town. I have still a very good affection for the town of Boston. 
I was then the servant of the town, and know I was acting the 
mind of my constituents. I am still satisfied I did my duty. I 
now consider myself as the servant of the down. I know his 
Majesty's pleasure, and I am doing my duty in acting according 
to it ; and, if you should finally refuse to do business at Cambridge, 
which I hope vou will not, all the ill consequences will be at- 
tributed to you, and not to me. T. HUTCHINSON. 



REASONS 

OF THE HOUSE OF REPRESENTATIVES, FOR ADHERING TO THEIR RESOLU- 
TIONS OF THE SIXTH, THAT IT WAS NOT EXPEDIENT TO PROCEED TO 
BUSINESS, WHILE THE GENERAL ASSEMBLY WAS HELD OUT OF THE 
TOWN HOUSE, IN BOSTON, ADOPTED JUNE 12, 1770. 

At present, the House waive any further observations on the 
legality of convening, holding, and keeping the General Assembly 
out of the Town House, in Boston. The " power of calling Par- 
liaments in England, as to precise time, place, and duration, is an 
acknowledged prerogative of the King; but still it is with this 
trust, that it shall be made use of for the good of the nation, as 
the exigency of the times, and variety of occasion, shall require." 
Wisdom and goodness will always direct to such places for them 
to assemble in, as shall be most subservient to the public good, and 
best suit the ends of Parliament. '' Prerogative is a power to act 
according to discretion, for the public good :"< but when mistake 
or flattery have prevailed with weak princes, to make use of this 
power for private ends of their own, and not for the public good, 
the people have, sometimes, by express laws, got the prerogative 
determined, in those points wherein- they found a disadvantage 
from it. 

It has been found, by long experience, that the Town House, 
in Boston, is the only convenient place for holding the General 
Assembly of the province. No alteration can, therefore, be made, 
unless some occurrence of times, or change of affairs, shall require 
it. Without those, the convening and holding the Assembly in 



218 MASSACHUSETTS STATE PAPERS. 

any, other place, is a wanton exercise of power, which ought to be 
withstood ; a grievance which ought to be redressed. While Par- 
liaments are duly cautious, they will forever be watchful, lest a 
power be exerted to the injury of the public, under the pretext of 
prerogative. Such is the imperfection of human nature, as to ren- 
der discretionary power, however necessary, always in a greater 
or less degree dangerous ; and the wickedness of men has very 
often prompted them to make an ill use of it. If it should be ad- 
mitted that the Governor of this province has still, by law, the 
power of convening, holding and keeping the General Court in any 
town, out of Boston, yet the House have as clear a right, by law, 
to inquire into the exercise of this power, and to judge for them- 
selves, whether it be wisely and beneficially, or imprudently and 
arbitrarily, exercised. And it is their duty, as well as their right, 
to remonstrate against all undue and oppressive exertions of a le- 
gal, as much as against a claim and exercise of an usurped pre- 
rogative. There are prerogatives in the Crown, which may be 
exercised to the destruction of the constitution, and the ruin of 
the people. 

To consider more closely the prerogative now claimed and ex- 
ercised by the Lieutenant Governor. In one of his messages to 
the House, he says, " by the charter, the Governor has the sole 
power of adjourning and proroguing the General Assembly ; there 
is no limitation of time or place." And in another, " I have not 
the least doubt of the legality of my adjourning and proroguing 
the Court to any town in the province. The place, as well as time 
of meeting, is Teft to the Governor." Admitting this to be true, 
it is in the power of the Governor to carry the Assembly from one 
extreme part of the province to another, adjourning them from 
place to place, till the year expires, or perhaps till he shall have 
worried them into a compliance with some arbitrary mandate, to 
the ruin of their own and their constituents liberties. If this 
would be legal, it would be attended with consequences as fatal, 
as if it were illegal. None, therefore, can doubt, but it would be 
the duty of the two Houses, firmly and earnestly to remonstrate 
ao-ainst it ; to make a stand, if their remonstrances should prove 
ineftectual, and refuse to attend him, in his absurd career. The 
supposition now made, is only carrying the doctrine to its just and 
necessary consequences. The present case is the same in kind, 
though not in degree. The Assembly is removed from its ancient, 
usual, and only convenient place. This may be the first stage in 
an intended circuit : without one reason assigned, or any good 
one conceivable by this House. Indeed, we are told, it is in obe- 
dience to instructions ; but we are not to be indulged with a sight 
of such instructions. The Lieutenant Governor has expressly 
said, that he is restrained from making a copy of them public. 
Such a severity has awakened and fixed our attention. It is, in- 
deed, alarming ; for it is not usual for a well advised prince to 



MASSACHUSETTS STATE TAPERS. 219 

withhold from his subjects the grounds he may iiave for the exer- 
cise of a prerogative, which regards only the administration of the 
civil government. 

His Honor is pleased to say, that he cannot remove the Court 
to Boston, without a violation of those instructions: but as it is 
impossible for any man, more especially at the distance of three 
thousand miles, to foresee the fittest place for holding the Assem- 
bly, or the emergencies which may render it impracticable for it 
to be held in any particular place, it is rather to be supposed he is 
mistaken, when he apprehends such instructions to be indispensa- 
ble. And he further says, that as, by his commission, he is to 
govern the province according to the charter, as well as according 
to such instructions as he shall, from time to time, I'eceive, it is 
natural to conclude that he is still left to act with his own dis- 
cretion; and that, when circumstances take place to render it im- 
possible, consistent with the public good, diatthe Assembly should 
meet at one certain place, or more eligible for it to be held in any 
other, he may act his own judgment therein, especially considering, 
that, by the charter, he is expressly vested with the power of ad- 
journing and proroguing the General Assembly, as he shall, from 
time to time, judge necessary. But if there be such peremptory 
and absolute instructions, we have reason to conclude, that the 
ministry thereby intended to insult the General Assembly, and 
make them meanly compliant for time to come. Past experience 
serves to increase this apprehension. The Assembly, the last 
year, suffered the greatest indignity ; surrounded, while sitting, 
by a military guard, with cannon at their doors, to affront or awe 
them ; and wlien they remonstrated against the high breach of 
their privilege, they, and not the soldiers, were made to give wav. 
Can freedom and dignity, then, exist in an Assembly, that can 
tamely brook such usage ? Would it not be betraying the consti- 
tution, and the rights of this Assembly, to proceed to business, 
■while we are thus constrained to hold the session here ? Besides, 
is there nothing further to apprehend .^ If the Assembly should, 
in this situation, proceed to do business, act uprightly, and accord- 
ing to their consciences, and thereby give further umbrage to a 
despotic Minister; may they not expect to be convened, held and 
kept in a state still more humiliating and disgraceful, until they 
shall become sufficiently ductile and obsequious ? Indeed, we 
cannot find that ever a Parliament was prorogued in England, Or 
summoned to any place, for the sake of punishing the Members, 
or putting them to any inconvenience. This is not the method of 
managing an English Parliament. They have, sometimes, even re- 
fused to be dissolved, till they have done the business of the na- 
tion ; and, at other times, they have declined to obey tlie summons 
of the King, by his writ, to attend, \\hen called for a purpose they 
disliked, and to a place where they thought they should be under 
any awe or restraint. As particularly, in the 28th of Henry VI. 



220 MASSACHUSETTS STATE PAPERS. 

when it was resolved, that the conduct of the Duke of Suffolk 
should undergo a national inquiry. " The Queen, apprehensive 
of the danger her favorite was in, from such a procedure, did all 
she could to prevent it ; first, by endeavoring to hinder a Parlia- 
ment from being called ; and next, wlien she could not avoid that, 
by having it summoned to meet at Leicester ; where, in a country 
town, she imagined her numerous attendants might overawe the 
Members. But the Lords and Commons, who knew they were 
safe, under the protection of the city of London, positively refused 
to meet at all, unless they were appointed to come to Westmin- 
ster." 

His Honor mentions, as the House liad done before, the im- 
portant matters lying before the Court, and the necessity of their 
being acted upon. But these important matters may, to much bet- 
ter purpose, as well as with greater convenience, be acted upon in 
the Town House, in Boston, where the records of the province are 
kept ; and besides, the greater the importance of the business is, 
the stronger is the reason why the Assembly should act upon it in 
the metropolis, where there is usually a concourse of the people 
from all parts of the province, whose reasonings and arguments, 
upon matters of public importance, ought forever to be regarded. 
Wise Parliaments have always reaped great advantage from the 
wisdom of the people, without doors; and have frequently been 
adjourned to a distant time, when such matters have been brought 
on, that they might have the opportunity of consulting their con- 
stituents. 

His Honor, in his message, has introduced an anecdote, con- 
cerning his own conduct, when Speaker of the House, in 1747 or 
1748 ; but to what purpose, is not easy to discover, or conceive. 
He seems to insinuate, without affirming, that his own judgment 
then was, and still is, in favor of the sentiments of the present 
House, that the Town House, in Boston, is the most convenient 
seat of government. But if this was not his meaning, his conduct 
at that time, whether it proceeded from his own opinion, or was 
merely in compliance with the minds of his constituents, which he 
has been pleased to leave ambiguous, (as he has, whether his pre- 
sent conduct is merely in obedience to instructions, against his own 
judgment, or whether his own judgment is conformable to his in- 
structions,) is a full justification of the House, as far as his Honor's 
example can justify them ; for the House are well assured, that 
the minds of their constituents, at this day, are, that the seat of 
government should be in Boston, and not elsewhere. 

Another insinuation in his Honor's message, is, that heretofore 
the province has been doubtful whether Boston was the most con- 
venient seat of government, or not. 

But we have great reason to question, whether one half, or one 
quarter of the province, ever thought, in earnest, of building a State 
House, out of Boston, notwithstanding the division of the House, 



MASSACHUSETTS STATE PAPERS. 221 

in 1747 or 1748, upon the question, whether a grant should be 
made for rebuilding the Town House, in Boston, or not. The di- 
versity of opinions upon the question in the House, at that time, 
arose, as we conceive, from a concurrence of many other causes, 
which we have not time now to enumerate, and the party who were 
against the grant, were, most of them, as we have reason to be- 
lieve, against it from other particular views, motives and designs, 
not from any opinion that Boston was not the best scat of govern- 
ment. But, h:»d the House then been fully for removing the seat of 
government into the country, we are convinced that many alarm- 
ing events and occurrences have happened, since that time, which 
have placed the expediency, if not the necessity, of holding the 
General Court in Boston, beyond all dispute. 

We are also told, that " we may be as fully justified, even on 
our own principles, in proceeding to act upon these matters of 
public importance, as the House of the last year could be justified 
for the business they did, or, as we shall be able to justify ourselves, 
by what we have already done the present session." Thus we 
find one instance of a compliance of a former House, makes way 
for a new demand. The last House submitted to all the incon- 
venience and hardships to themselves, and injuries to the prov- 
ince, which arose by their sitting at Cambridge ; and their conde- 
scension is now quoted as a precedent, and an argument for our 
submitting to the grievance, also. This certainly affords a good 
reason for the House to adhere to their resolution, to prevent the 
establishment of such a precedent. Besides, the former House 
yielded to it, conceiving it as only a temporary evil ; but now there 
is great reason to apprehend a fixed design, either entirely to 
change the seat of government, or, by moving the Assembly from 
place to place, to harass, and bring them into a compliance with 
arbitrary and despotic purposes. With regard to the business we 
have already done, " the present session," namely, the election of 
Counsellors, the House are of opinion, that they can fully justify 
themselves therein, consistent with this resolution. The Coun- 
sellors are to be elected according to the terms of the charter, 
" yearly, once in every year ;" and it has been the invariable usage, 
as it has been thought to be agreeable to the spirit of the charter, 
to proceed to that business on the last Wednesday in Maj-. The 
House, therefore, proceeded to it on that day, though with great 
precaution, that " the enemies of our constitution," who are sedu- 
lous to take all advantages against it, might not " have it in their 
power to say," that by an omission, we had forfeited our invalua- 
ble charter. It was, therefore, viewed as of absolute necessity, to 
enter upon that business, at that time ; though it could not be done 
in the ancient and proper place of holding the General Assembly. 
But no business, now before us, can be of such absolute necessity, 
as that the omitting it, will endanger the constitution. On the 
contrary, the danger to the constitution now lies in proceedinp- to 
business, under the present grievance ; and, therefore, wc do our 



222 MASSACHUSETTS STATE PAPERS. 

duty, finally to refuse to proceed to business in Cambridge; as 
judging it the least likely to be attended with ill consequences to 
ourselves, our constituents and posterity. 

It is further to be observed, tliat the House have no other power, 
or check, whereby to restrain the undue exercise or abuse of the 
prerogative. It is presumed that the Commons ought to be as free 
and independent as any other part of the Legislature ; because 
the democratical branch is, at least, as important to the people and 
the constitution, as the monarchical or aristocratical ; and they 
have, at least, as clear a right to judge of the proper time for them 
to do their part of the business of tlie province, as the Governor 
has to judge of his. The Governors of the province have, of late 
years, refused to consent to any act, or business, whatever, until 
they have had a grant for their support; and for this, they have 
pleaded an instruction. Here, therefore, is an example of a re- 
solution, in the King's Ministers and servants, that no business 
shall be done, until the people shall exert their prerogative, in a 
manner agreeable to the Crown : and the prerogative of the peo- 
ple to grant money, in their own time, to raise it in their own way, 
and by their own means, and to appropriate it for such purposes 
as they shall judge proper, is surely much clearer and more indis- 
putable, than that of the Governor of the province to convene and 
hold the General Assembly in any other place beside the Town 
House, in Boston. 

His Honor has been pleased to mention divers matters to be 
acted upon, which, we readily acknowledge, are necessary and im- 
portant ; and it is stdl our earnest desire to proceed to the con- 
sideration of them without any unnecessary delay. The further 
suspension of the act for limitation of law suits, and a proper es- 
tablishment for Castle William and Fort Pownal, demand our at- 
tention ; and the repealing, in part, the act which requires the 
Treasurer to issue his warrants for levying a tax of more than 
eighty thousand pounds, is of particular importance at this time, 
when the embarrassments of the trade, and other grievous hard- 
ships the people are made to suffer, would render it difficult for 
them to bear so great a burden ; but we have, notwithstanding, 
reason to believe, that they had much rather be subject even to the 
immediate payment of that whole sum, distressing as it would be, 
than to concede to so pernicious a precedent ; and to have the 
General Assembly hereafter controlled by the mandates of a Min- 
ister, and made to submit to measures, which will be much more 
injurious to them, and dangerous to posterity. If, therefore, his 
Honor should finally refuse to remove the Assembly to the Town 
House, in Boston, (which we hope he will not,) while there can 
be no necessity for holding us here, the world will judge to whom 
the ill consequences of it must be attributable. 

[The above reasons were ordered to be laid before the Council.] 



MASSACHUSETTS STATE PAPERS. 223 

ADDRESS 

OF THE COUNCIL TO HIS HONOR THE LIEUTENANT GOVERNOK, 

JUNE 12, 1770. 

May it please your Honor, 

It would give us great pleasure to proceed upon the public 
business, agreeable to the recommendatien in your Honor's speech, 
at the opening of the present session. But, as in consequence of 
a motion, made in Council, that your Honor should be requested to 
adjourn the General Court to Boston, you informed the Board you 
could not do it consistently with your instructions, it is first in- 
cumbent on us to observe that the province charter ordains, " that 
the Governor, for the time being, shall have full power and authori- 
ty, from time to time, as he shall judge necessary, to adjourn, pro- 
rogue and dissolve the great and General Court." This power is 
a full power. It is wholly in the Governor, and to be exercised 
as he shall judge necessary. It cannot, therefore, be subject to the 
control of instructions. Such a power, and such a subjection of it, 
are incompatible. The moment it is subjected, it ceases to be a 
full power ; and the Governor is no longer the judge, with regard 
to the exercise of it. It is, therefore, a palpable contradiction, to 
suppose it under such control ; and, in fact, judging of it by the 
charter only, it is controlable by nothing but the convenience and 
safety of the General Court, and the general utility of the province. 
For those ends, that power was lodged by the Crown, exclusive of 
itself, in the Governor solely. True it is, that no mention is made 
of the place of such adjournment or prorogation. The same is also 
true, as to the time ; but they are both necessarily included in the 
idea of adjourning and proroguing. And if these last be wholly 
and exclusively in the Governor, wliich is very evident, tlie time 
and place must be also. 

There is nothing absurd or unreasonable in this construction of 
the above cited clause of the charter. For it is impossible, in the 
nature of things, that the Crown, at the distance of a thousand 
leagues, should be able, understandingly, and with a knowledge of 
present circumstances, upon which the fitness of such a measure 
depends, to exert that power. It is, therefore, fit and necessary, 
that such exclusive power should be vested in its Representative 
here ; and the said clause docs, in fact, make such an investiture. 

It cannot be said, "that this sole power is intended for no 
other purpose, than to exclude both the other branches of the Court 
from any share in it ;" because there is not a word in the charter, 
that even intimates such an intention ; and because tlic clause, 
giving the power, is expressed in terms, vesting that power solely 
and exclusivelv in the Governor. 



224 MASSACHUSETTS STATE PAPERS. 

With regard to the convening the General Court, the charter 
ordains and grants, " that there shall, and may be convened, held 
and kept by the Governor, for the time being, upon every last 
Wednesday in the month of May, of every year forever, and at 
all such other times, as the Governor shall think fit and appoint, a 
great and General Court." 

The time of convening in May, is fixed ; and, therefore, not al- 
terable by instructions. Other times of convening, are to be such 
as the Governor shall think fit. He is made the judge of the fit- 
ness of such other times, which, therefore, in regard to time, 
excludes the control of instructions ; as to place, although the 
charter be silent, the convening must have relation to place, as well 
as time. The right of judging of the latter, implies the same right 
in respect to the former ; and the reasons for both are the same, 
as well as for adjourning, proroguing and dissolving the Court, 
which, it is evident, are exclusively in the Governor. The power 
is the same, as to all those particulars ; and it is fit it should be so ; 
for the Governor, being in the province, must have the best oppor- 
tunities of knowing what the general convenience, safety and 
utility require. It must be reasonable, therefore, to suppose, that 
such an exclusive power was intended by the charter to be lodged 
in him ; and in fact it is, by the said clauses, very perspicuously so 
lodged. Hence it is, (admitting the act, for establishing the form 
of the writ for calling a General Court, to be out of the question,) 
that after long experience had determined Boston to be the most 
convenient and fit place for the meeting of the General Court, all 
the Governors of the province, except Mr. Burnet, from the date 
of the charter, to the last year, have convened the General Court 
at Boston ; excepting in a few cases, wherein the safety of the 
General Court, or the public utility, made it proper to convene the 
Court elsewhere. And in those cases, the removal of the General 
Court were justified, by the respective reasons for them. " The 
power of calling Parliaments, in England, as to precise time, place, 
and duration, is certainly a prerogative of the King ; but still 
with this trust, that it shall be used for the good of the nation, as 
the exigencies of the times, and variety of occasions, shall require." 
The power of calling the General Court, in like manner, for the 
good of the province, is, by the charter, vested in the Governor, for 
the time being. But, considering the several acts of the General 
Court, whereby a Court House, which has been several times re- 
built, for accommodating the General Court, and a commodious 
and elegant dwelling house, and other accommodations for the 
residence of the King's Governor, have been provided at Boston, 
at a great public expense. Considering, also, " the act for estab- 
lishing the form of the writ, and precept for calling a great and 
General Court," whereby it appears, that in the writ, precept and 
return, the Town House, in Boston, is mentioned to be the place 
where the General Court is appointed to be convened, held and 



MASSACHUSETTS STATE PAPERS. 225 

kept. The proceedings also of Governor Shute and the Assembly, 
in 1721, whereby it appears the Governor declared, that the ad- 
journment from Boston should not be drawn into precedent ; and a 
resolve was passed by the whole Court, validating and confirming 
the acts of the Court ; which proceeding clearly manifest their ap- 
prehensions that Boston was the place established by law, for the 
Governor's convening and holding the General Court : When 
these acts are considered, if they do not amount to a strictly legal 
establishment of the place of convening and holding the General 
Court, they at least furnish, in our humble opinion, a rule, by which 
the Governor ought to conduct himself in that regard ; and from 
which he may not depart, but in cases of exigency. 

When exigencies happen, of which every one can judge, they 
JifFord a sufficient reason for deviating from the rule ; and the de- 
viation will not, nor can be, complained of. 

Governor Burnet's conduct, in convening the General Court out 
of Boston, cannot be deemed an acknowledged or constitutional 
precedent to justify a similar conduct; because it was not acqui- 
esced in, but remonstrated against by the House of Representa- 
tives ; and because it was not founded on the only reason, ou 
which the prerogative of the Crown can be justly founded, the good 
of the community. 

In Governor Belcher's time, when in consequence of the instruc- 
tions, he removed the General Court to Salisbury, the removal 
wda for " the more convenient canning into execution a commis- 
sion for settling the line between this province and New Hamp- 
shire," 

Here convenience was the reason for the removal. It was con- 
venient, that the Assemblies of both provinces, which were then 
under the administration of the same Governor, should be as near 
each other, as might be, for the settlement of the line between the 
two provinces ; and it was not only convenient, but the general 
good of both, required such a settlement. 

As long as prerogative is exercised for the real good of the com- 
munity, which the community must feel and will always acknowl- 
edge, it is seldom examined whether that exercise be strictly legal, 
or not ; but that omission does not take away the right of examin- 
ing, whenever prerogative is exercised for a different purpose. 

In the present case, when every reason arising from convenience, 
safety and utility, remonstrates and urges the fitness of the Courts' 
sitting in Boston, the convening and keeping it elsewhere, contrary 
to the mind of the two Houses, and the province in general, we 
humbly apprehend is an exercise of the prerogative, if not against 
law, yet certainly against ancient usage, and unwarranted by the 
reason, which supports all prerogative, namely, the public good. , 

We are sensible " the Governor is the servant of the King, and by 
his commission, is to govern the province according to charter, and 
according to such instructions as he shall, from time to time, re- 
39 



226 MASSACHUSETTS STATE PAPERS. 

ceive from the King." Those instructions, however, must be 
understood to be such as do not militate with, or in any degree 
vacate the charter : otherwise the charter would be annihilabie at 
pleasure : from whence it would follow, that it neither was, nor is, 
in the. power of the Crown to grant any charter whatever, vesting 
in tiie grantees any durable privileges, much less, such as are 
granted of this province, which are perpetual. But we hold it to 
be clear law, that tlie Crown had, and hath, such a power ; and it 
is equally clear, that their late Majesties, King William and Queen 
Mary, for themselves, their heirs and successors, did, by their 
charter, in the third year of their reign, grant to the inhabitants of 
this province, and to their successors thenceforth forever, all the 
powers and privileges in the said charter mentioned ; one of which 
is. that the Governor, for the time being, shall convene, adjourn, 
prorogue and dissolve the General Court, as in the two clauses 
above quoted ; which clauses, for the reasons aforesaid, we hum- 
bly apprehend, vest in the Governor, for the benefit of said inhabi- 
tants, an exclusive i-ight for those purposes ; and therefore, that 
no instructions can supersede or control that right, which is a 
beneficiary grant to the people, without injuring them, and so far 
vacating the charter. Your Honor has observed very justly, " that 
his Majesty never intended his instructions should supersede or 
control the law." This is and must be true also, with respect to 
the charter ; because it is the great law of the constitution ; and 
is the foundation of the laws of the province ; and because his 
Majesty is just ; has a paternal aifection for his people ; and never 
intended his instructions should subject them to any unnecessary 
inconvenience, much less, infringe their rights. 

We, therefore, earnestly request, that for his Majesty's service, 
the ease and happiness of your Honor's administration, the con- 
venience of the General Court, the utility and satisfaction of the 
province in general, in pursuance of the intention and spirit of 
diverse acts and laws ot the province, pursuant to the usage (under 
both charters.) of more than a hundred years standing ; but more 
especially, pursuant to the full and exclusive powers vested in the 
Governor by the present charter, your Honor will please to ad- 
journ or prorogue the great and General Court to its ancient and 
constitutional place, the Town House, in Boston. 

[The committee of Council, who reported this address, were,W. 
•Brattle, J. Bowdoin, Col. Otis, R. Tyler, and S. Dexter.] 



MASSACHUSETTS STATE PAPERS. 227 

MESSAGE ' 

FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL, JUNE 15, 1770, 

Gentlemen of the Counci^^ 

You seem, as far as I can collect from your address, to de- 
cline proceeding in your Legislative capacity, upon public busi- 
ness. You have expressed your sense, in very strong terms, that 
I ought not to have caused the General Court to convene aff am- 
bridge, in consequence of instructions; and that it is necessary to 
the public good, that it should be convened at Boston. 

I have " thought fit, and have appointed," that the General 
Court should convene at Cambridge. I have done no more than 
what the charter authorizes me to do. If I have done it merely in 
consequence of instructions, and from a sense of my obligations to 
conform to what appears to me to be his Majesty's pleasure, I 
shall, notwithstanding, be justified ; for the Crown, neither by 
the charter, nor in any other way, hath ever divested itself of the 
right of instructing the Governor in what manner this power, dele- 
gated to him, shall be exercised. The practice of giving instruc- 
tions, which began with the charter, and which has continued four 
score years, I think should have been suflicient to prevent the 
Council from taking exception to them. 

If, without regard to any signification of his Majesty's pleasure, 
I had, in my own judgment, thought tit and necessary that the 
Court should be convened at Cambridge, it would now be to no 
purpose for me to tell you so; for although you admit it to be a 
part of the prerogative, that I should convene the Court at such 
time and place as I judge to be most fit, yet you have a reserve ; 
for you have explained away all the prerogative, and removed it 
from the King and his representative, and made yourselves and 
the people the judges, when it shall be exercised ; and, in the 
present case, have determined that it is not fit it should be exer- 
cised. 

I will not engage in a dispute with you upon these points. I 
think it enough for me to tell you, that I have not the least doubt 
of the right of the Crown to control the Governor, by instructions, 
or other signification of the royal pleasure; that I believe it to be 
for the benefit of the people, that a Governor should be under this 
' control ; that the present set of instructions, for the Governors of 
this province, are wisely framed for the advantage of the province ; 
that I have no instructions at present, nor have I reason to expect 
any, militating with the charter, nor with any law of the province : 
I must, therefore, adhere to them. 

As his Majesty's Council for the province, I shall consult you 
upon every occasion : and your advice will have great weight with 



228 MASSACHUSETTS STATE PAPERS. 

me. But I must finally judge for myself of the fitness and expe- 
diency of exercising the powers devolved upon me, by virtue of 
my commission. 

I am not able to comply with your request, to adjourn or pro- 
rogue the Court to Boston. J therefore earnestly recommend to 
you to proceed, without further delay, upon the public business of 
the province. T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, JUNE 15, 1770. 

May it phase your Honor, 

The House of Representatives beg leave to remind your 
Honor, that, by their message of the 7th instant, they made known 
to you their resolution, that it was not expedient for them to pro- 
ceed to business, out of their ancient, usual, and only convenient 
place, the Town House, in Boston ; and prayed your Honor 
would be pleased to remove this General Assembly to that place. 
Your Honor, in answer, was pleased to express your hopes, that 
we would not finally refuse to do business in Cambridge. We, 
therefore, take this opportunity to assure you, that having had fur- 
ther time maturely to consider the matter, we are still determined 
to abide by the resolution, and are ready to answer for all the ill 
consequences that can be attributed to us. Surely you cannot 
think it for the honor of the House, without any declared or con- 
ceivable reason, to be kept here, dependant upon private persons 
even for shelter, in a manner deforced from the House, provided 
and established for the Assembly, at a great expense to the peo- 
ple, which now stands entirely useless and solitary. 

We again, in duty to his Majesty, and in faithfulness to our 
constituents, make a tender of ourselves, as ready to transact the 
public business ; provided your Honor will remove us to the afore- 
said ancient and established seat of government. 

If you are still determined not to gratify the request of the two 
Houses, in removing the Assembly there, you will please to con- 
sider, whether it will tend to the cultivation of that harmony in 
the Legislature, which all good men desire, to continue us sitting. 
The Members of this House, unwilling that their constituents 
should be put to an unnecessary expense, are desirous of leave to 
retire to their several homes. 

[The committee who prepared the message of June 15, were, 
Mr. Cushing, (the Speaker,) Maj. Hawley, Mr. S. Adams, Capt. 
SheafFe, and Mr. J. Adams.] 



MASSACHUSETTS STATE PAPERS. 229 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

JUNE 15, 1770-. 

Gentlemen of the House of Representatives, 

I HAVE reason to expect, every day, letters from his Majesty's 
Secretary of State, and it appears to me probable that they may 
contain matters of importance to the government. I, therefore, 
think it necessary the Court should continue sitting some time 
longer, that I may have an opportunity of communicating them, so 
far as I may be required or allowed to do it. 

T. HUTCHINSON. 



MESSAGE 

FROM THE COUNCIL TO THE LIEUTENANT GOVERNOR, JUNE 19, 1770. 

May it please your Honor, 

We have attentively considered your Honor's message in 
answer to our address, and we beg leave to make a few observa- 
tions upon it. 

The charter of the province, as it creates and defines the powers 
of its Governor, is the only rule (where the province law is silent) 
by which to judge of those powers. It is a compact between the 
Crown and this people, to be mutally observed and kept. There 
is no reservation in it that instructions shall be a rule of govern- 
ment to the Governor. No such instructions, therefore, can be a 
rule to him in cases wherein they alter those powers, or in any 
other way affect the charter. This inference, we apprehend, your 
Honor will allow to be just in general ; and we think you will 
allow it to be just also with regard to the Governor's power of ad- 
journing, proroguing and dissolving the General Court. For, al- 
though we particularly quoted the clause of the charter, which 
relates to that power, and have delivered our sentiments pretty 
fully upon it ; and it appears clearly, that it vests in the Governor 
an exclusive right to exercise that power, yet your Honor wholly 
confines your observations to the power of convening the General 
Court; which induces us to think you are satisfied the Governor 
has an exclusive right, relative to the adjourning and proroguing: 
and, consequently, that it is not controlable by the instructions. It 
is, therefore, needless, witli regard to the power of convening the 



230 MASSACHUSETTS STATE PAPERS. 

Court, to say any thing concerning it, in addition to what we have 
said in our address, as the object of our present desire is, that you 
would please to adjourn or prorogue the Court to Boston. 

Your Honor is pleased to tell us, that "the practice of giving 
instructions, which began with the charter, and has continued near 
fourscore years, should have been sufficient to prevent the Council 
from taking exceptions to them." Our address furnished no occa- 
sion for this observation ; for tiie instructions, therein referred to, 
were not instructions in general ; but such only, as we apprehend, 
militated with the charter. On such instructions, when made the 
rule of government, it is the duty of the Council, in a becoming 
manner, to signify their mind, even though such instructions had 
begun with the charter, and continued to the present time. And 
such a signification of their mind, we humbly apprehend, can never 
subject the Council to his Majesty's displeasure. 

Your Honor informs us, that, "although we admit it to be a part 
of the prerogative, that you should convene the Court at such time 
and place as you judge fit, yet we have a reserve; for we have 
explained away all the prerogative, removed it from the King and 
his Representative, and made ourselves and the people the judges, 
when it shall be exercised ; and, in the present case, have deter- 
mined that it is not fit it should be exercised." 

We wish your Honor had quoted the clauses on which you 
ground the several declarations contained in the foregoing para- 
graph. Had this been done, you would not have found, that they 
justified all of them. We do not admit the convening of the Court 
on the last Wednesday of May, yearly, to be a part of the prero- 
gative, in such a sense as to make the convening of it, on that day, 
doubtful. We have made no reserve, but what is warranted by 
the charter ; by several laws of the province ; by ancient usage ; 
and by the nature and design of the institution. VVe have not ex- 
plained away all the prerogative, or any part of it; but shewn, in 
the first place, what it is, according to the charter ; and, in the 
next, that those laws, with certain proceedings of the General 
Court, if they do not amount to a strictly legal establishment of 
the place of convening and holding the General Court, at least 
furnish, in our humble opinion, a rule, by which the Governor 
ought to conduct himself ; and from which he may not depart, but 
in cases of emergency. We have not removed the prerogative 
from the King and his Representative ; but, on the contrary, 
shewn, that it has been vested by the King, in his Representative, 
to be exercised for the good of the people, which is the great end 
of prerogative. W"e have not made ourselves and the people, 
either jointly, or severally, the judges when it shall be exercised; 
but, on the contrary, in the fullest and most express manner, have 
declared it to be exercised as the King's Representative shall 
judge it fit, consistent with the rule aforesaid. But, if there were 
no such rule to guide his judgment, he would not be lawless in this 



..M^M 



MASSACHUSETTS STATE PAPERS. 231 

case; nor could make mere will and pleasure, the rule, (if they 
can be called a rule) of his judging. For, by the very terms, and 
by the reason which ought to influence all his determinations, there 
is to be a fitness in his judging; a fitness arising from convenience, 
safety, and utility ; agreeable to which, it would be his duty to act : 
and, therefore, although we have given our opinion what the gen- 
eral convenience require ; and that, in the present case, they re- 
quire the removal of the General Court to Boston ; yet, we have 
not made ourselves, nor the people, the judges in this matter ; but, 
on the contrary, have declared in the address, to which your mes- 
sage is an answer, that the Governor of the province is the sole 
judge. And, therefore, as we could not suppose your Honor has 
designedly misrepresented our address, you will give us leave to 
say, you have greatly mistaken it. 

We are sorry to have reason to say, that in this clause of the 
message, there is discoverable, not only a disposition unkind and 
unfriendly to the Council, but a want of candor and justice. 

Is it kind or friendly — does it consist with candor an' justice 
to represent, that we first admit the convening of the Court to be 
part of the prerogative fully vested in the Governor ; that we then 
make reserves concerning it; that we explain it wholly away; 
that we remove it from the King and his Representative ; and that 
we make ourselves and the people the judges, when it ahall be ex- 
ercised ? 

If your Honor intended to bring upon the Council the displea- 
sure of his Majesty, and, in consequence of it, procure an altera- 
tion of its constitution, you could not do it more effectually, than 
by such a representation. But, on examining, it will be evident, 
that tiiere is no foundation for it ; either in the address, or in any 
other act of the Council. And, therefore, such a representation is 
not only unkind and unjust to the Council ; but, if we had let it 
pass unnoticed, might have proved injurious to the charter rights, 
ef the province. 

It is with regret we make these observations ; but we are con- 
strained to it by the justice due to ourselves, and by the claim the 
province has upon us to defend the constitution of its government. 
We have the warmest sentiments of duty and loyalty to his Ma- 
jesty, which will stimulate us, on the one hand, to defend the just 
prerogative of the Crown ; and, on the other, to promote, as far as 
we can, the end and design of such prerogative, the good of the 
people. 

As your Honor has not condescended to give the Board the 
reasons on which you ground your opinion, concerning the efficacy 
of instructions to control the Governor's power of convening the 
General Court; as you are wholly silent about his power of ad- 
journing and proroguing the Court, and have not pointed out the 
insufficiency of the reasons by which we have endeavored to sup- 
port our own opinion on those points, we are under a necessity, 
till we have further light, to continue in the same opinion. 



232 MASSACHUSETTS STATE PAPERS. 

In the mean time, we beg leave to offer a few observations on 
the remaining part of your Honor's message. It informs us you 
" will not engage in a dispute with us upon these points; that you 
think it enough for you to tell us that you have not the least doubt 
of the right of the Crown to control the Governor by instructions, 
or other signification of the royal pleasure ; and, that you believe 
it to be for the benefit of the people, that the Governor should be 
under this control." As we are not inclined to be captious, we 
will not suppose your Honor intended to intimate your own supe- 
riority, or that it would be too great condescension in you, and 
below your dignity, to discuss this subject with the Council. We 
shall, therefore, only observe, that if you have no doubt of the right 
of the Crown to control the Governor by instructions, you can 
have no doubt of your own right, not only of convening the Court 
at Cambridge, and holding it here, contrary to the prayers of both 
Houses, and all the reasons offered by them ; but (in case you had 
been so instructed,) of refusing to convene it at all, either on the 
last Wednesday of May, yearly, as required by the charter, or at 
any other time; nor can you, in the same case, doubt of your right 
to dissolve the charter wholly, and with it the present form of 
government, and to introduce another. These are necessary con- 
sequences of the doctrine delivered in your Honor's message. It 
is, therefore, a doctrine inconsistent with every idea of English 
government, and utterly subversive of the ends of all government ; 
and it puts the property, liberties, and rights of tlie people of this 
province on a very precarious foundation, or rather destroys the 
foundation entirely. We cannot see how it can be " for the bene- 
fit of the people, that a Governor should be under this control ;" 
the control of instructions, that, in their nature and consequences, 
may prove ruinous to the people. But as we hope your Honor 
does not entertain principles of such a tendency, we suppose you 
must have meant such instructions only, as were consistent with 
the charter, and the rights and privileges of Englishmen. 

Your message further declares, " that the present set of instruc- 
tions, for the Governors of this province, are wisely framed for the 
advantage of tlie province." V^ou are pleased here to express 
your entire approbation of the instructions you have received, one 
of which, we have been made to understand, is, that the General 
Court shall be held in the town of Cambridge. Till this declara- 
tion, we had pleased ourselves with the thought that you were sin- 
cerely desirous, (had it consisted with your instructions,) that the 
Court should be removed to Boston. But how can it be supposed 
your Honor can desire that this removal should take place, the di- 
rect contrary to which you have, by fair implication, declared is 
for the advantage of the province ? That advantage, however, can 
never appear, if the instructions, which are the only evidence of 
it, be kept secret. 

If instructions are to be the law and rule of government, is it not 



MASSACHUSETTS STATE PAPERS. 233 

fit and proper that they should be known ? Are we not, otherwise, 
not only in a state of vassalage, but distinguished from others in 
that state, in this essential circumstance, that they have a known 
law, which they might obey; and we an unknown one, which, for 
that reason, we can neither obey or disobey ; and yet may possi- 
bly be punished for not obeying? 

Your Honor tells us, " you have no instructions militating with 
the charter." If there be an instruction, forbidding the adjourn- 
ing or proroguing the General Court to Boston, we apprehend it 
does militate against the chai'ter; and we think we have, in 
our address, clearly proved, from the charter, that it does mili- 
tate. In which case, we submit it to your Honor's consideration, 
whether you oan be held to observe it ^ 

Whenever your Honor shall think proper to consult the Coun- 
cil, upon any occasion, you moy depend on our best advice for his 
Majesty's service, and the good of the province. These necessa- 
rily include each other; and are, in fact, but difterent names for 
the same thing, there being no room for distinction or separation 
between them. Whoever attempts, therefore, to make a separa- 
tion, is an enemy to both. 

As his Majesty is the wise and tender father of his people, he 
will always look upon those as the best promoters of his service, 
who, in the best manner, promote their interest and happiness. And 
we are still of opinion, that, with that interest and happiness, is 
connected the removal of the General Court to Boston. 



LETTER 

FROM THE COUNCIL TO WILLIAM BOLLAN, ESQ. AGENT FOR THE PROVINCE, 
IN ENGLAND, MARCH, 1770, GIVING AN ACCOUNT OF THE MASSACRE OF 
THE FIFTH OF THAT MONTH. 

Sir, 

The last letter sent you in the name, and in consequence of 
the appointment of the Council, was dated in January last ; since 
which, the General Court, pursuant to the ministerial mandate, has 
been prorogued by the Lieutenant Governor, to Cambridge, where 
it has been sitting from the 15th instant. This the two Houses, 
(to say nothing of the great inconveniences to which they are 
thereby subjected,) deem an infringement upon one of the rights 
of the charter ; which, after ordaining that there shall be held 
and kept a General Court, every year, in May, vests the Governor 
of the time being, with the sole power of convening, proroguing 
and dissolving the said Court, without any reserve whatever. 
30 



234 MASSACHUSETTS STATE PAPERS^ 

What has passed between the Lieutenant Governor and the two 
Houses, on this subject, will be sent you herewith. 

The principal thing;, which we think it necessary you should be 
informed of. at this time, is the horrid massacre, which happened in 
Boston, on the evening of the 5th instant, when eleven of his 
Majesty's subjects were killed and wounded by a party of soldiers, 
of the 29th regiment, their leader being Capt. Preston. 

The soldiers in general, and particularly of that regiment, have 
behaved with great insolence, and have committed many abuses 
upon the inhabitants of the town ; for which it were to be wished, 
their punishment had been adequate to their deserts. But the af- 
fair, which was more immediately introductory to the said massa- 
cre, was a quarrel between some soldiers of the 29th regiment and 
certain rope-makers at the rope walk of one Mr. Gray. In the 
contest, the soldiers were worsted ; and this reflecting, as they 
thought, on the honor of the regiment, there was a combination 
among them to take vengeance on the town, indiscriminately. Ot 
such a combination there is satisfactory proof; and in consequence 
thereof, there was, on the evening of the 5th, a great number of 
abuses committed by the soldiers on the inhabitants, in various 
parts of the town ; and being carried to such excess by one party, 
a bell at the head of King Street was rung, as for fire, which brought 
the neigiiboring inhabitants into the street ; and as King Street 
was the last scene of that party's exploits, a number of people 
collected there ; about which time the centry, at the custom house, 
on pretence of having been insulted, knocked at the door of said 
house ; and speaking with somebody who came out, there went 
from thence two peisons to the main guard, opposite the court 
house, and procured Capt. Preston, with a party of soldiers, to go 
to the centry. Capt. Preston, therefore, went from the guard 
house with a party of seven or eight men, who passed roughly 
through the people, and pushed some with their bayonets, till they 
were posted near the custom house. This was resented by some 
of the people, by throwing snow balls. Soon after which, the said 
party fired, not all together, but in succession ; by which means 
eleven persons were killed and wounded, as above mentioned. 

There are depositions which mention, that several guns were 
fired from the custom house ; and this matter is now inquiring 
into. Soon after the firing, the main body of the 29th regiment 
appeared in arnss. in King Street, and were drawn up between the 
court house and the main guard, and in such a posture, as put the 
inhabitaTits in fear of a further massacre ; but, by the good hand of 
Providence, it was prevented. 

The foregoing is a short and general account of this unhappy 
aftair, according to the best intelligence we have hitherto been 
able to obtain. The pai'ticulars of it, are contained in a narrative 
just printed, with depositions annexed to it ; one of which will be 
sent to you by a committee of the town. 



MASSACHUSETTS STATE PAPERS. 235 

There is great reason to apprehend, that depositions have been 
taken in this aftair, by the procurement of the disturbers of the 
peace and union, wliich ought to subsist between Great Britain 
and the colonies ; depositions, intended to make the town the 
faulty cause of that massacre ; and to make it believed, that the 
custom house was then in danger of being pillaged. But if any 
such depositions have been sent home, they are altogether without 
foundation ; there iTot being the least ground, so far as we can 
learn, even to suspect that any such design has been formed. The 
Council desire you, and you are hereby instructed, to use your best 
endeavors to procure copies of such depositions, (if such there be,) 
and to transmit them as soon as may be ; and, in the mean time, 
to ward oft" any ill impressions, wliich otherwise may be thereby 
made, to the disadvantage of the town in particular, and of the 
pi'ovince in general. 

The longer continuance of the troops in town, being, in the 
unanimous opinion of the Council, absolutely inconsistent with 
the safety of the inhabitants, they advised the Lieutenant Gover- 
nor to request Col. Dalrymple to oi-der the troops to the 
barracks, at Castle Island ; and, in consequence of that advice, 
the commanding officer has removed them all thither. You will 
nse your utmost endeavors, that those troops be ordered by his 
Majesty to be removed out of the province, and that no more be 
sent hither, to be quartered in the province. 
By order of the Council, 

S. DANFORTH, President. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVER- 
NOR, JUNE 21, 1770, BEING IN REPLY TO HIS MESSAGE OF JUNE 15. 

May it 'please your Honor, 

In your last message to this House, you was pleased to say, 
that you were in daily expectation of a letter from his Majesty's 
Secretary of State, which it was probable would contain matters 
of importance to the government ; and that, therefore, you then 
thought it necessary that the Court should continue sitting some 
time longer. 

The House would be glad to be informed, whether, in conse- 
quence of any letters you have received by the paoket, now arrived, 
your Honor has any matters to lay befere the Assembly. If so, 
the House is ready to attend to their duty, provided you will be 
pleased to remove the Assembly to its constitutional place, the 



236 MASSACHUSETTS STATE PAPERS. 

Town House, in Boston ; but if your Honor is yet determined 
against such removal, the Members of the House are very desirous 
of returning to their respective homes. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL AND THE HOUSE OF 
REPRESENTATIVES, JUNE 22, 1770- 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I CANNOT remove the Court to Boston. I am so sensible of 
the mischief which must be the consequence of your final refusal 
to proceed in the public business, that I must earnestly recommend 
to you a reconsideration of your votes or resolves to the contrary. 
I am still in expectation of important advices. If I should not re- 
ceive any before Monday, and you shall persist in your refusal, it 
is my intention then to give you a short recess. 

T. HUTCHINSON. 

[On receiving the foregoing message from the Lieutenant Gov- 
ernor, it was therefore moved and voted, unanimously, that the 
House adhere to their resolution, " that it is by no means expedi- 
ent to proceed to business, while the General Assembly is thus 
constrained to hold its session out of the town of Boston."] 



MESSAGE 

KROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOV- 
ERNOR, JUNE 25, 1770. 

May it please your Honor, 

Your message, of the 2Ist instant, has been read and consid- 
ered in this House ; in answer to which, we beg leave to say, that 
the mischiefs which must be the consequence of our receding from 
the votes and resolutions to which you refer, are so obvious, that 
the House have now unanimously resolved to adhere to the same ; 
therefore, if your Honor is yet determined not to remove the As- 
sembly to Boston, we are very desirous of leave to return to our 
respective homes. 

[The Lieutenant Governor then directed the Secretary to pro- 
rogue the Court to July 25th.] 



MASSACHUSETTS STATE PAPERS. 237 



SPEECH 

<Jf THE LIEUTENANT GOVERNOR TO THE COUNCIL AND HOUSE OF REPRE- 
SENTATIVES, JULY 25, 1770.* 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

Pursuant to the direction in the royal charter, I caused writs 
to be issued, for convening a great and General Court or Assembly, 
the last Wednesday in May. You met together, at the time and 
place, and the House of Representatives proceeded to the choice 
of their Speaker and Clerk ; and the Council and House, by joint 
ballot, proceeded to the choice of Counsellors, for the year ensuing ; 
but the Council and House requested me to adjourn or prorogue 
the Court to Boston, and gave several reasons against sitting in any 
other place. The House expressly refused to proceed upon any 
further business, and repeatedly desired, that, unless I would re- 
move the Court to Boston, they might be allowed to return to their 
respective homes. I could not, consistently with my duty to the 
King, remove you to Boston. To continue you sitting, was con- 
tinuing a burden upon the people, without any benefit ; for their 
ease, I prorogued the Court for four weeks. From a regard to their 
interest, and because the public business will not admit of further 
delay, I meet you at the time to which you stood prorogued : I 
meet you at Cambridge, because I have no reason to think there 
has been any alteration in his Majesty's pleasure, which, I doubt 
not, was determined by wise motives, and with a gracious purpose, 
to promote the good of the province ; and I must renew my earnest 
recommendation to you, to proceed, without delay, upon such afiairs 
as lie before you. 

The illegality of holding the Court any where, except in the town 
of Boston, I think, you will no longer insist upon. I know of 
nothing to support you, except the form of a writ, for calling the 
Assembly; and, upon the force of this, you have the opinion of the 
Attorney and Solicitor General, in the following words : That the 
sole power of dissolving, proroguing or adjourning the General 
Court or Assembly, eitjier as to time or place, is in his Majesty's 
Governor ; and, that the reasons against it, from the act of the 
tenth of King William, have no real foundation, there being no 
clause in that act, laying any such restraint upon the Governor ; 
but, in the form of the writ, the word Boston is mentioned, which 
must be understood, by way of instance or example only, and not 

* Before the Lieutenant Governor delivered this Speech, and immediately after the Mem- 
tiers of the Court had convened, Mr. Hancock and others, were appointed a committee of 
the House of Representatives, to wait on the Lieutenant Governor, and acquaint Uim that a 
quorum was present, (in the College Chapel,) and that they were very desirous liis Honor 
■would be pleased to remove the General Assembly to its aneient and legal place, the town of 
Boston. 



238 MASSACHUSETTS STATE PAPERS. 

to limit the power the Crown has, of summoning or holding Gen- 
eral Courts or Assemblies at any place, much less of adjourning 
them from one place to another after thej were summoned ; which 
report was accepted by the King in Council. And although this 
form of a writ was afterwards brought, by the House of Represent- 
atives, as an objection against holding the Court in Salem, in the 
year 1728, yet they did not think it sufficient to justify them in 
refusing to do business ; and the Council for that year, who are 
allowed to have been men of integrity and superior understanding, 
as well as of the first families and estates in the province, in a 
message to the House, express their sense in the following words, 
viz. : " touching the adjournment, they appreliend it improper and 
inconvenient to make any doubt of the validity thereof ; and they 
are ready to join with the Honorable House, in proceeding to do the 
proper and necessary business of the province." From tliat time, 
I have never known it suggested, until the present day, that the 
General Court, by charter or by law, is confined to the town of 
Boston. I have given you one instance, in the year 1747, which 
makes it probable, that the House of Representatives rather chose 
the Court sliould sit elsewhere ; and I may add another, in the year 
1754, when a committee of the House was appointed to consider 
of, and report a proper place for a Court House, at a distance from 
Boston. 

Your next objection, that I act in consequence of instructions, 
has still less color. Instructions relative to any matter, not uncon- 
stitutional, must be obligatory upon me : my commission makes 
them so. I have no authority to act, but what I derive from this 
commission, and I must act in conformity to my instructions, or 
not at all ; and I think I may safely say, there is not one of you, who, 
if he was in my station, would venture to depart from them. 

The only remaining exception is this, that admitting it to be 
legal and a part of the prerogative, the other branches have never- 
theless a clear right to inquire into the exercise of this power, and 
to judge for themselves, whether it be wisely and beneficially, or 
imprudently and arbitrarily exercised — " to remonstrate" — to 
" make a stand" — and " finally to refuse to do business." The 
actual inconveniences which you have enumerated, from sitting at 
Cambridge, can easily be removed, or they are so inconsiderable, 
that a very small public benefit will outweigh them. 

The House of Representatives mention an inconvenience, which 
may arise from the use of this part of the prerogative, because it 
gives power to the Governor " to carry the Assembly from one 
extreme part of the province to another, till he shall have worried 
them into a compliance with some arbitrary mandate, to the ruin of 
their own, and their constituents liberties." The same exception 
may be made to the use of every other part of the prerogative, for 
every part is capable of abuse, and so is every authority, or trust, 
whatsoever. I will, however, assure you, that I have never re- 



MASSACHUSETTS STATE PAPERS. 239 

ceived any arbitrary mandates ; I have no design myself ; I know 
of no '• fixed design to harass you, in order to bring yow into a 
compliance with any arbitrary measures." I have nothing to lay 
before you, but the common business of the province, which is ne- 
cessary for the general interest of the people. Consult this inter- 
est, in every constitutional way. Do it with as much deliberation 
as the importance of every case shall require ; I will patiently wait 
the result of your debates. Do it with as much diligence and des- 
patch as you please, and I will give you no interruption, nor qg- 
casion any delay. 

But pray consider this last exception, and the eftect of a con- 
session to it. 

You allow that the appointment of a place for holding the Court, 
is a part of the prerogative, but you refuse or neglect to do busi- 
ness any where, except in Boston ; for this prerogative, you say, 
is to be exercised for the public good, and you do not think it for 
the public good, that the Court should sit any wliere, except in 
Boston ; his Majesty thinks it for the public good, that the Court 
should sit in Cambridge. If your opinion is to prevail against his 
Majesty's opinion, to what purpose was this, or any other reserve 
in the charter, made to the Crown. 

You consider the charter as a compact between the Crown and 
the people of the province. Shall one party to the compact be held, 
and not the other .'* The Crown, by charter, grants as a privilege 
to the people, that a great and General Court or Assembly, shall 
be held every last Wednesday in May, forever. You would have 
thought me culpable, and very justly, if I had deprived the people 
of this privilege, by refusing to issue writs, for convening the Court 
©n the last Wednesday in May, or by refusing to do my part of 
the peculiar business, for which it is then convened. By the same 
charter, the Crown reserves, as part of the prerogative, the power 
of adjourning, proroguing, and dissolving the great and General 
Court or Assembly. Conformable to this reserve, I have pro- 
rogued you to this time and place. If you had refused to meet, 
or should refuse to do business, now you are met, would you not 
deprive the Crown of the exercise of the prerogative, and fail of 
performing your part of the compact ? The House of Represent- 
atives say. they are ready to answer for the ill consequences which 
can be attributed to them ; and yet they seem to have been sensi- 
ble of the danger, from a failure of the same nature; for they 
acknowledge, •' they proceeded to the election of Counsellors, that 
the eaemies of our constitution might not have it in their power 
to say, that, by an omission, they had forfeited our invaluable char- 
ter." At the same time, they relused to do any other business, 
because '- none lay before them of such necessity, as, that omit- 
ting it, would endanger the constitution." Let me observe to yoii, 
gentlemen, that it is not the importance of the business omitteil, 
but it is the refusal of the two Houses to comply witli what tlie 



240 MASSACHUSETTS STATE PAPERS. 

charter requires of them, which our enemies will take the advan- 
tage of, and which will endanger the constitution ; and your re- 
fusing, or neglecting, to do business now, will be as certain an 
instance of your non-compliance with what your charter requires 
of you, as if you had refused to proceed to the election of Coun- 
sellors in May last. 

If you shall persist in your refusal, I must prorogue you to some 
future time. Without further signification of his Majesty's plea- 
sure, it is not in my power to remove you to Boston. But, I flatter 
myself, you will not persist — -you will not leave it in the power of 
your enemies to hurt you. I am sure, you have friends, who will 
think themselves happy, if you do not put it out of their power to 
serve you. Your compliance can be no benefit to our Sovereign, 
any further, than as he interests himself in the happiness of his 
subjects. I am not thus importunate with you, from any view to 
my private or personal advantage, for, if I am faithful in the dis- 
charge of my trust, I shall have the same approbation, whether I 
am successful or not. It is the interest of the people only, which 
is at stake. By persisting in your refusal, you are most effectu- 
ally disserving this interest. You are even rendering more diffi- 
cult the accomplishment of what you profess to desire and pursue. 

T. HUTCHINSON. 



J MESSAGE 

PROSi THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, AUGUST 1, 1770. 

May it please your Honor, 

The House of Representatives having duly attended to your 
speech to both Houses, at the opening of this session, and mature- 
ly considered the several parts of it, have unanimously, in a full 
House, determined to adhere to their former resolution, " that it 
is by no means expedient to proceed to business, while the Gene- 
ral Assembly is thus constrained to hold the session out of the 
town of Boston." Upon a recollection of the reasons we have 
before given for this measure, we conceive it will appear to all 
the world, that neither the good people of this province, nor the 
House of Representatives, can be justly charged with any ill con- 
sequences that may follow it. After the most attentive and re- 
peated examination of your speech, we find nothing to induce us 
to alter our opinion, and very little that is new and material in 
the controversy : but, as we perceive it is published, it may possi- 
bly be read by some who have never seen the reasons of the House ; 



MASSACHUSETTS STATE PAPERS. 241 

and as there are specious things contained in it, which may have 
a tendency to make an unhappy impression on some minds, we 
have tliought proper to make a few observations upon it. 

You are pleased to say, " you meet us at Cambridge, because 
you have no reason to think there has been any alteration in his 
Majesty's pleasure, wliich, you doubt not, was determined by wise 
motives, and with a gracious purpose to promote the good of the 
province." We presume not to call in question the wisdom of 
our Sovereign, or the rectitude of his intentions : but there have 
been times, when a corrupt and profligate administration have 
ventured upon such measures, as have had a direct tendency to 
ruin the interest of the people, as well as that of their royal 
master. 

This House have great reason to doubt, whether it is, or ever 
was, his Majesty's pleasure, that your Honor should meet the As- 
sembly at Cambridge, or that he has ever taken the matter under 
his royal consideration : because the common, and the best evi- 
dence in such cases, is not communicated to us. 

It is needless for us to add any thing to what has been hereto- 
fore said upon the illegality of holding the Court any where, ex- 
cept in the town of Boston ; for, admitting the power to be in 
the Governor to hold the Court in any other place, when the public 
good requires it ; yet, it by no means follows, that he has a right 
to call it in any other place, when it is to the manifest injury and 
detriment of the public. 

The opinion of the Attorney and Solicitor General has very lit- 
tle weight with this House in any case, any further, than the rea- 
sons which they expressly give, are convincing. This province 
has suftered so much by unjust, groundless, and illegal opinions 
of those officers of the Crown, that our veneration, or reverence 
for their opinions, is much abated. We utterly deny, that the 
Attorney and Solicitor General have any authority or jurisdiction 
over us ; any right to decide questions in controversy between the 
several branches of the Legislature here : nor do we concede, that 
even his Majesty in Council, has any constitutional authority to 
decide such questions, or any controversy whatever, that arises in 
this province, excepting only such matters as are reserved in the 
charter. It seems a great absurdity, that when a dispute arises 
between the Governor and the House, the Governor should appeal 
to his Majesty in Council to decide it. Would it not be as reason- 
able for the House to appeal to the body of their constituents to 
decide it } Whenever a dispute has arisen within the realm, be- 
tween the Crown and the two Houses of Parliament, or either of 
them, was it ever imagined that the King, in his Privy Council, 
had authority to decide it ? However, there is a test, a standard 
common to all ; we mean the public good. But your Honor must 
be very sensible, that the illegality of holding the Court in any 
other place beside th-e town of Boston, is far from being the only 



242 MASSACHUSETTS STATE PAPEK9. 

dispute between your Honor and this House. We contend, that 
the people and their Representatives, have a right to vvithstand the 
abusive exercise of a legal and constitutional prerogative of the 
Crown. We beg leave to recite to your Honor, what the great 
Mr. Locke has advanced in his Treatise of Civil Government, 
upon the like prerogative of the Crown. " The old question, says 
he, will be asked in this matter of prerogative, who shall be judge 
when this power is made aright use of.^"' And he answers, 
" between an executive power in being with such a prerogative, 
and a legislative that depends upon his will for their convening, 
there can be no judge upon earth, as there can be none between 
the legislative and the people, should either the executive or 
legislative, when they have got the power in their hands, design 
or go about to enslave or destroy them. The people have no other 
remedy in this, as in all other cases, where they have no judge on 
earth, but to appeal to Heaven. For the rulers, in such attempts, 
exercising a power the people never put into their hands, (who 
can never be supposed to consent, that any body should rule over 
them for their harm,) do that which they have not a right to do. 
And, when the body of the people, or any single man, is deprived 
of their right, or under the exercise of a power without right, and 
have no appeal on earth, then they have a liberty to appeal to 
Heaven, whenever they judge the cause of sufficient moment. 
And, therefore, though the people cannot be judge, so as to have, 
by the constitution of that society, any superior power to deter- 
mine and give effective sentence in the case ; yet they have, by a 
law, antecedent and paramount to all positive laws of men, re- 
served that ultimate determination to themselves, which belongs 
to all mankind, where there lies no appeal on earth, viz. : to judge 
whether they have just cause to make their appeal to Heaven." 
We would, however, by no means be understood to suggest, that 
this people have occasion at present to proceed to such extremity. 
Your Honor is pleased to say, " that the House of Representa- 
tives, in the year 1728, did not think the form of the writ suffi- 
cient to justify them in refusing to do business at Salem." It is 
true they did not, by any vote or resolve, determine not to do 
business : yet the House, as we read in your Honor's history, 
" met, aiid adjourned from day to day, without doing business;" 
and we find by the records, that from the 31st of October, 1728, 
to the 14th of December following, the House did meet and adjourn 
without doing business ; and then they voted to proceed to the 
public and necessary affairs of the province, " provided no advan- 
tage be had or made, for, and by reason of the aforesaid removal, 
(meaning the removal to Salem,) or pleaded as a precedent for the 
future." Yet, your Honor has been pleased to quote the conduct 
of that very House, as a precedent for our imitation. We appre- 
hend their proceeding to business, and the consequences of it, viz. ; 
tl\e encouragement it gave to Governor Burnet to gb on with his 



MASSACHUSETTS STATE PAPERS. 243 

design of harassing them into unconstitutional compliances, and 
the use your Honor now makes of it as an authority and a prece- 
dent, ought to be a warning to this House, to make a determined 
and effectual stand. Their example, though respectable, is not 
obligatory upon this House. They lived in times, when the en- 
croachments of despotism were in their infancy. They were car- 
ried to Salem by the mere capiice of Governor Burnet, who never 
pleaded an instruction for doing this — an instruction, from a Min- 
istry, who had before treated them with unexampled indignity — an 
instruction, which they were not permitted to see. They had no 
reason to apprehend a fixed design to alter the seat of government, 
to their great inconvenience, and the manifest injury of the pro- 
vince. 

We are not disposed to dispute the un(?erstanding, integrity, 
families, and estates of the Council, in 1728. We believe them 
to have been such, that if they were now upon the stage, they 
would see so many additional, and more weiglrty i-easons, 
against proceeding to business, out of Boston, that they would fully 
approve of the resolution of this House ; as well as of what has 
been lately advanced by their successors, who are also gentlemen 
of understanding, integrity, fortune, and family, in the following 
words ; " Governor Burnet's conduct in convening the General 
Court out of Boston, cannot be deemed an acknowledged or con- 
stitutional precedent, because, it was not founded on the only rea- 
son on which the prerogative of the Crown can be justly founded, 
the good of the community." We shall only add, that the rights 
of the province having been, of late years, most severely attacked, 
has induced gentlemen to examine the constitution. more thorough- 
ly, and has increased their zeal in its defence. 

You are pleased to adduce an instance in 1754, in addition to 
that in 1747, which, you say, " makes it probable, that the House 
of Representatives rather chose that the Court should sit elsewhere, 
when a committee was chosen to consider of, and report a proper 
place for a Court House, at a distance from Boston." We beg 
leave here to observe, that both these are instances of the House's 
interesting themselves in this affair, which your Honor now claims 
as a prerogative. If the House were in no case to have a voice, or 
be regarded, in choosing a place to hold the Court, how could they 
think of holding a Court in a place, to which they never had been, 
and probably never would be called ? 

While the House have been, from time to time, holding up to 
view, the great inconveniencies and manifest injuries resulting 
from the sitting of the Assembly at Cambridge, and praying a re- 
moval to Boston ; it is with pain that they have heard your Honor, 
instead of pointing out any one good purpose, which can be an- 
swered by it, replying, that your instructions will not permit you 
to remove the Court to Boston. By a royal grant in the charter, 
in favor of the Commons of this province, the Governor' has the sole 



244; MASSACHUSETTS STATE PAPERS. 

power of adjourning, proroguing, and dissolving the General 
Court : and the wisdom of that giant, appears in this, that a per- 
son residing in the province, must be a more competent judge of 
the fitness of the time, and, we may add, the place of holding the 
Court, than any person residing in Great Britain. We do not 
deny, that there may be instances, when the Commander in Chief 
ought to obey the royal instructions : and should we also admit, 
that in ordinary cases he ought to obey them, respecting the con- 
vening, holding, proroguing, adjourning, and dissolving the Gen- 
eral Court, notwithstanding that grant ; yet we clearly hold, that 
whenever instructions cannot be Complied with, without injuring 
the people, they cease to be binding. Any other supposition would 
involve this absurdity in it, that a substitute, by means of instruc- 
tions from his principal, may have a greater power than the prin- 
cipal himself; or, in other words, that a Representative of a King, 
who can do no wrong, by means of instructions, may obtain a right 
to do wrong : for that the prerogative extends not to do any in- 
jury, never has been, and never can be denied. Therefore, this 
House are clearly of opinion, that your Honor is under no obliga- 
tion to hold the General Court at Cambridge, let your instructions 
be conceived in terms ever so peremptory, inasmuch as it is in- 
convenient and injurious to the province. As to your commis- 
sion, it is certain, that no clause contained in that, inconsistent 
with the. charter, can be binding. To suppose, that when a grant 
is made by charter in favor of the people, instructions shall super- 
sede that grant, and oblige the Governor to act repugnant to it, is 
vacating the charter at once, by the breath of a Minister of State. 
Your Honor thinks you may safely sa.j, " there is not one of us, 
who, if he was in your station, would venture to depart from the 
instructions." As you had not the least shadow of evidence to 
>varrant this, we are sure you could not say it with safety: and 
we leave it with your Honor to determine, how far it is reconcile- 
able with delicacy^ to suggest it. In what particulars, the holding 
the General Court at Cambridge, is injurious to us and the pro- 
vince, has already been declared by the House, and must be too 
obvious to escape your Honor's observation. Yet you are pleased 
to tell us, that " the inconveniencies can easily be removed, or, 
are so inconsiderable, that a very small public benefit will out- 
weigh them." That they are not inconsiderable, every day's ex- 
perience convinces us ; nor are our constituents insensible of them. 
But how they can be easily removed, we cannot conceive, unless 
by removing the Court to Boston. Can tbe public oflices and re- 
cords, to which we are imder the necessity of recurring, almost 
every hour, with any safety or convenience to the public, be re- 
moved to Cambridge ^ Will our constituents consent to be at the 
expense of erecting a proper house at Cambridge, for accommo- 
dating the General Court, especially, when they have no assurance 
that the next freak of a capricious Minister will not remove the 



MASSACHUSETTS STATE PAPERS. 245 

Court to some other place ? Is it possible to have that communi- 
cation with our constituents, or to be benefitted by the reasonings 
of the people without doors here, as at Boston ? We cannot but 
flatter ourselves, tliat every judicious and impartial person will 
allow, that the holding the General Court at Cambridge, is incon- 
venient and hurtful to the province ; nor has your Honor ever yet 
attempted to show a single instance, in which the province can be 
benefitted by it ; no good pui-pose, which can be answered by it, 
has ever yet been suggested by any one to this House. And we 
have the utmost confidence, that our most gracious Sovereign has 
no desire to hold the General Court at any place inconvenient to 
its Members, or injurious to the province ; but rather, that he 
will frown upon those, who have procured its removal to such a 
place, or persist in holding it there. 

We are not indeed sure, that the Ministry caused the Assembly 
to be removed to Cambridge, in order to worry them into a com- 
pliance with any arbitrary mandate to the ruin of our own, or 
our constituents liberties ; but we know, that the General Assem- 
bly has in times past, been treated with such indignity and abuse, 
by the servants of the Crown, and a wicked Ministry may attempt 
it again. 

Your Honor observes, that " the same exception may be made 
to the use of every other part of the prerogative, for every part is 
capable of abuse." We shall never except to the proper use of 
the prerogative — we hold it sacred as the liberty of the subject. 
But every abuse of it will always be excepted to, so long as the 
love of liberty, or any public virtue, remains. And whenever any 
other part of the prerogative shall be abused, the House will not 
fail to judge for themselves, of the grievance, nor to exert every 
power with which the constitution hath entrusted them, to check 
the abuse of it, and redress the grievance. 

The House had expressed to your Honor their apprehension of 
a fixed design, either to change the seat of government, or to har- 
ass us, in order to bring us into a compliance with some arbitrary 
mandate. Your Honor says, you know of no fixed design to har- 
ass us, &c. Upon which, we cannot but observe, that if you did 
not know of a fixed design to change the seat of government, you 
would not have omitted so fair an opportunity to satisfy the minds 
of the House in a matter of such importance to the province. As 
to your very condescending and liberal professions, of exercising 
patience or using despatch, as would be most agreeable to us, we 
shall be very much obliged to your Honor, for the exercise of those 
virtues, whenever you shall see cause to remove us to our ancient 
and established seat ; but these professions can be no temptations 
to us, to give up our privileges. 

Your Honor is pleased to say, *' we consider the charter as a 
compact between the Crown and the people of this province." 
And to ask a question, " shall one party to the compact be held, 



246 MASSACHUSETTS STATE PAPERS. 

and not the other ?" It is true, we consider the charter as such 
a compact, and agree that both parties are held. The Crown cove- 
nants, that a great and General Court shall be held every last 
Wednesday in May, forever ; the Crown, therefore, doubtless is 
bound by this covenant. But we utterly deny, that the people 
have covenanted to grant money, or to do business, at least any 
ether business, than choosing Officers and Counsellors to complete 
the General Court, on the last Wednesday in May, or any other 
day or year whatever ; therefore, this House, by refusing to do 
business, do not deprive the Crown of the exercise of the preroga- 
tive, nor fail of performing their part of the compact. 

Your Honor would, doubtless, have been culpable, had you re- 
fused to call a General Court on the last Wednesday in May ; and 
the House might have been equally culpable, if they had refused to 
choose a Speaker and a Clerk, or to elect Counsellors, whereby to 
complete the General Court ; for, in case of omission in either 
part, a question might arise, whether the people would have a le- 
gislative. When the General Assembly is thus formed, they are 
empowered by the charter to make, ordain, and establish all man- 
ner of wholesome and reasonable orders, laws, statutes, or ordi- 
nances, directions and instructions, either with penalties or with- 
out. But the charter no where obliges the General Court to make 
any orders, laws, statutes, or ordinances, unless they, at that time, 
judge it conducive to the public good to make them ; much less 
does it oblige them to make any laws, &c. in any particular 
session, year, or number of years, whenever they themselves shall 
judge them not to be for the public good. Such an obligation 
would not leave them the least color of freedom, but reduce them 
to a mere machine ; to the state the Parliament would have been 
in, if the opinion of the two Chief Justices and the three Puisne 
Judges had prevailed, in the reign of Richard the Second, " that 
the King had the governance of Parliaments, and may appoint what 
shall be first handled, and so gradually what next, in all matters 
to be treated of in Parliament, even to the end of the Parliament ; 
and if any persons shall act contrary to the King's pleasure made 
known therein, they are to be punished as traitors ;" for which 
opinion, those five Judges had judgment, as in case of high treason. 
Your Honor will allow us to ask, whether the doctrine contained 
in your question, viz. : " if you should refuse to do business now 
you are met, would you not deprive the Crown of the exercise of 
the prerogative, and fail of performing your part of the compact.*"* 
"which implies a strong affirmation, is not in a degree the very doc- 
trine of Chief Justice Tresilian, and the four other Judges, just 
now mentioned ? By convening, in obedience to his Majesty's 
writ, tested by your Honor, and again, at the time to which we are 
prorogued, we fully have submitted to the prerogative, and per- 
formed our part of the compact. 

This House has the same inherent rights in this province, as the 



MASSACHUSETTS STATE PAPERS. 247 

* 

House of Commons has in Great Britain. It is our duty to pro- 
cure a redress of grievances ; and we may constitutionally refuse 
to grant our constituents money to the Crown, or to do any other 
act of government, at any given time, that is not affixed by charter, 
to a certain day, until the grievances of the people are redressed. 
We do not pretend that our opinion is to prevail against his Ma- 
jesty's opinion ; we never shall attempt to adjourn, or prorogue, or 
dissolve the General Court; but, we do hope, that our opinion- 
shall prevail against any opinion whatever, of the proper time, to 
make laws and to do business. And by exerting this power which 
the constitution has given us, we hope to convince your Honor and 
the Ministry, of the necessity of removing the Court to Boston. 

All judicious men will allow, that the proper time for the House 
to do their part of the business of the province, is for the House 
to judge of and determine. The House think it is not, in the pre- 
sent circumstances of the province, a proper time to do the busi- 
ness, while the Court is constrained to hold their session out of 
Boston. Your Honor is of a different opinion. We have con- 
formed to this opinion, as far as the constitution requires us, and 
now our right of judging commences. If your Honor's, or even 
his Majesty's opinion, concerning this point, is to prevail against 
the opinion of the House, why may not the Crown, according to 
the Tresilian doctrine, as well prescribe and require what business 
v/e shall do, and in what order. 

The House are still ready to answer for the ill consequences 
which can be justly attributed to them ; nor are they sensible of 
any danger, from exerting the power which the charter has given 
them, of doing their part of the business in their own time. That 
the province has enemies, who are continually defaming it and theii^ 
charter, is certain ; that there are persons who are endeavoring to 
intimidate the province, from asserting and vindicating their just 
rights and liberties, by insinuations of danger to the constitution, 
is also indisputable. But no instance happened, even in the exe- 
crable reign of the worst of the Stuart race, of a forfeiture of a 
charter, because any one branch of a legislative, or even because 
the whole government under that charter, refused to do business, 
at a particular time, under grievous circumstances of ignominy, 
disgrace, and insult ; and when their charter had explicitly given 
to that government the sole power of judging of the proper season 
and occasion of doing business. We are obliged, at this time, to 
struggle with all the powers with which the constitution has fur- 
nished us, in defence of our rights ; to prevent the most valuable 
of our liberties from being wrestetl from us, by the subtle machi- 
nations and daring encroachments of wicked Ministers. We have 
seen, of late, innumerable encroachments on our charter : Courts 
of Admiralty, extended from the high seas, where, by the compact 
in the charter, they are confined, to numberless important causes 
upon land ; multitudes of civil officers, the appointment of all 
\vhich, is, by charter, confined to the Governor and Council, sent 



248 MASSACHUSETTS STATE PAPERS. 

here from abroad by the Ministry; a revenue, not granted by us, 
but torn from us ; armies stationed here without our consent ; and 
the streets of our metropolis crimsoned with the blood of our fellow- 
subjects. These, and other grievances and cruelties, too many to 
be here enumerated, and too melancholy to be much longer borne 
by this injured people, we have seen brought upon us, by the de- 
vices of Ministers of State; we have seen and heard of late, 
instructions to Governors, which threaten to destro}' all the remain- 
ing privileges of our charter. In June, 1768, the House, by an 
instruction, were ordered to rescind an excellent resolution of a 
former House, on pain of dissolution ; they refused to comply with 
so impudent a mandate, and were dissolved ; and the Governor, 
though repeatedly requested, and although the exigencies of the 
province demanded a General Assembly, refused to call a new one, 
until the following May. In the last year, the General Court was 
forced to give way to regular troops, illegally quartered in the 
town of Boston, in consequence of instructions to Crown Officers ; 
and whose main guard was most daringly and insultingly placed at 
the door of the State House ; and afterwards they were constrained 
to hold their session at Cambridge ; the present year, the Assem- 
bly is summoned to meet, and is still continued there in a kind 
of duress, without any reason, that can be given — any motive 
whatever, that is not as great an insult to them and breach of tlieir 
privilege, as any of tlie foregoing. Are these things consistent 
with the freedom of the House ; or, could the General Court's 
tamely submitting to such usage, be thought to promote his Ma- 
jesty's service ? Should these struggles of the House prove un- 
fortunate and ineftectual, this province will submit, with pious 
resignation, to the will of Providence ; but it will be a kind of 
suicide, of which we have the utmost horror, thus to be the instru- 
ments of our own servitude. 

We beg leave, before we conclude, to make one remark on what 
you say, that " our compliance can be of no benefit to our Sove- 
reign, any further, than as he interests himself in tlie happiness of 
his subjects." 

We are apprehensive that the world may take this for an insin- 
uation very much to our dishonor, as if the benefit of our Sove- 
reign is a motive in our minds against a compliance. But as this 
imputation would be extremely unjust, so we hope, it was not in- 
tended by your Honor. We are obliged, however, in justice to 
ourselves and constituents, to declare, that, if we had reason to 
believe that a compliance would be any, the least benefit to our 
Sovereign, it would be a very powerful argument with us ; but, we 
are, on the contrary, fully persuaded, that a compliance, at present, 
would be very injurious and detrimental to his Majesty's service. 

[The committee who prepared the above, were, Mr. Hancock, 
Maj. Hawley, Mr, S. Adams, Mr. J. Adams, Capt. Denny, and 
Maj. Gallison.] 



MASSACHUSETTS STATE PAPERS. 249 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF llEPRESENTATlVBS, 
AUGUST 3, 1770. 

Gentlemen of the House of Representatives, 

You have sent me a message, in which you profess to make a 
few observations upon some " specious" things contained in my 
speecli to the Council and House, which, you say, may have a ten- 
dency to make an unhappy impression upon some minds. 

I shall make some general remarks upon your message, not 
from any expectation of prevailing with you, at this time, to alter 
resolutions which you have conie into, but from a desire to con- 
vince the good people you represent, that your reasons for re- 
fusing to proceed to business, are very insufficient. 

You make a doubt, whether it is, or ever was, his Majesty's 
pleasure, that the Court should meet at Cambridge. I have no 
doubt of it. You give this reason for your doubt, that my orders 
are not communicated to you. I know it to be his Majesty's 
pleasure, that I should not communicate them ; and the restraint 
I am under, appears to me to be founjded in wise reasons. Yoa 
speak of times, when there has been a corrupt and profligate ad- 
ministration — of daring encroachnients of wicked Ministers — of 
devices of Ministers of State ; and you suppose instructions to 
Governors, to be acts of Ministers, and not of the King; particu- 
larly, you call an instruction in June, 1768, an irnpudent mandate. 
It may not be presumed you would have done this, had you known 
it to be an order from his Majesty. I wish, however, that you had 
spared this coarse and indecent epithet. 

I cannot help observing to you, that you have no sufficient 
grounds to suppose instructions to be the acts of the Minister, and 
not of the King. I know of no ministerial mandate, or instruc- 
tions. The affairs of America, and of this province in particulai', 
are become too serious to escape his Majesty's immediate atten- 
tion ; and your message, which I am now answering, will be laid 
before his Majesty, immediately upon its being received by his 
Secretary of State ; who, by virtue of his office, has free access, 
and who receives the signification of his Majesty's pleasure, and 
will give no directions, but such as he knows to be agreeable 
thereto ; and every order from the Secretary of State, must be 
supposed to come immediately from the Crown, and ought not to 
be treated with indignity and contempt. 

The freedom you have used with the characters of the Attorney 
and Solicitor General, will, I fear, likewise bring dishonor upon 
you. Those offices, for more than fifty years past, have been filled, 
in almost every instance, with persons of the highest respectabil- 



250 MASSACHUSETTS STATE PAPERS. 

ity for learning and integrity, and many of them have been ad- 
vanced to the first stations in the courts of law and equity, which 
are, and have been, for years )5ast, the ornament and glory of the 
English nation. Although you do not think the opinion of the 
Attorney and Solicitor General, in the case in dispute between 
us, nor the confirmation of such opinion by the King, in Council, 
to be any authority for you, yet I must govern myself thereby, un- 
til I have better reasons against it, than any you have given in 
your message. 

Your quotation from Mr. Locke, detached as it is from the rest 
of the treatise, cannot be applied to your case. I know of no at- 
tempts to enslave or destroy you ; and, as you very prudently 
would not be understood to suggest that this people have occasion, 
at present, to proceed to such extremities as to appeal to heaven, 
I am at a loss to conceive for what good purpose you adduce it. 

You find nothing in your records, which does not agree with 
what I have said, of the proceedings of the House, at Salem, in 
Governor Burnet's administration, nor did I cite the instance for 
any other purpose, tiian to show, that they were very careful to 
avoid a resolution, which you, as I think, too suddenly came into ; 
nor does my speaking respectfully of the Council of that day. les- 
sen the Council of the present day, who, although they have dis- 
covered a desire in their messages to me, that the Court should be 
removed to Boston, yet, they declare, that they never refused to 
do business at Cambridge, and I have now no doubt, that if you 
had done your part of the public business, they would have joined 
and done their part also. 

From the appointment of a committee by the House, in 1754, 
to consider of a proper place to build another Court House, you 
infer, that the House was to have a voice in determining the place 
where the Court should meet. You are very sensible, that a vote, 
for building a Court House, which incurs expense upon the people, 
must, by the constitution, originate with the House of Representa- 
tives. If one, or divers other Court Houses, besides that in Boston, 
had been built, the Governor's right to call the Court to which he 
pleased, or to any other place, remained inviolate ; the votes of 
the Representatives, for building a Court House, notwithstanding. 

You then proceed to call in question my obligation, or right, to 
observe my instructions. And you say, that by a royal grant in 
the charter, in favor of the Commons of the province, the Governor 
has the sole power of adjourning, proroguing, and dissolving the 
General Court ; and you think it discovers the wisdom of the grant, 
because a person residing in the province, is a more competent 
judge of the fitness of the time and place of holding the Court, 
than any person residing in Great Britain, and a grant thus made 
in favor of the people, cannot be superseded by instructions, with- 
out vacating the charter by the breath of a Minister of State. 

Your making use of the Avord sole, instead of full j the word in 



MASSACHUSETTS STATE PAPERS. 251 

the charter, must proceed from inattention. I must observe to you, 
that many cases may happen, to make it necessary to alter the 
place of holding the Court, which a person in Great Britain may 
as well judge of, as one who is upon the spot, and, perhaps, the 
present case is such an one. But, where you find that the power 
of adjourning, proroguing, and dissolving the Court, was granted 
to the Governor in favor of the Commons, 1 am utterly at a loss. 
The charter is, undoubtedly, a royal grant, in favor to the people 
of the province, of every order. They were at the time of the grant, 
living in the colony, under a form of government, wliich would not 
admit of an adjournment, prorogation, or dissolution of the Gene^ 
ral Court, without the act or consent of the Council and Repre- 
sentatives. They were soliciting, by their agents, a confirmation 
of their privileges. The King determines, that, for the future, the 
Governor should have the full, or sole power, if you choose it, of 
adjourning, proroguing, and dissolving the General Court. Is it 
not very extraordinary, that the Representatives should now as- 
sert, that depriving them of a share in this power, and confining it 
to the Governor alone, was a grant in favor of the Commons ? The 
Governor, under the old form, had no negative in any case; but now, 
no acts of Council or Assembly are valid, to which he denies his 
consent. May it not, with equal reason, be said, that this power 
was also reserved to the Governor in favor of the Commons ? It 
is very certain, that unless it be so, there will be no supporting the 
doctrine, that the Crown has divested itself of its right of control- 
ing the Governor. 

You are sensible that this can hardly be supported, for you allow 
that, in some cases, instructions may be binding, and you do not 
seem very averse from admitting that in ordinary cases, notwith- 
standing this singular grant in favor of the Commons, that the Com- 
mander in Chief ought to obey instructions respecting the conven- 
ing and holding the Court, but you are clear that, when they can- 
not be complied with, without injuring the people, they cease to be 
binding, otherwise the Representative of a King, who can do no 
wrong, by means of instructions, may obtain a right to do wrong. 

I am not contending, gentlemen, for a right to do wrong, and I 
am very willing to understand the maxim, that the King can do 
no wrong, in the commonly received sense of it, that his servants 
alone shall be punished for the wrong they do, and not avail them- 
selves of a royal order, or instruction, for th^ir justification ; and if 
I was convinced, that removing the Court from Boston, was an en- 
croachment upon your natural or constitutional rights, I would 
not urge my commission or instructions, to justify the doing it; 
but I must make my own reason and judgment my rule, and not 
yours ; and until I am convinced of the encroachment, must con- 
form to my instructions. 

You think I ought not to have deemed the inconveniencies of 
your sittiog out of Boston, inconsiderable ; or, that they can easily 



252 MASSACHUSISTTS STATE PAPERS. 

be removed; and you ask me, if the public offices and records can, 
with safety or convenience, be removed to Cambridg?, ? I think 
the expense of one or two days wages of the Members, would have 
removed all that are necessary, to Cambridge, and kept them 
there with safety and convenience, the whole session ; and, if we 
may judge from the sessions at Concord, you would do your busi- 
ness with so much greater despatch at Cambridge, than at Boston, 
as to shorten the session more than two days. You ask, whether I 
think your constituents would be at the expense of building a 
Court House at Cambridge ? I am not certain, what their present 
disposition is, but I know there is no necessity for it; you have the 
use of a very commodious room, without any inconvenience to the 
College, in this time of vacation ; and, if you think the benefit 
which the students receive by attending your debates, is not equal 
to what they may gain in their studies, they may easily be restrain- 
ed, and then your sitting in the College, will be little or no incon- 
venience at any other time. You add, is it possible to have that 
communication with our constituents, or to be benefitted by the 
reasoning of the people without doors, in Cambridge, as at Boston ^ 
In whatever town the Court shall sit, the Representatives of that 
town, must have opportunity beyond the rest of the House, for 
consulting their constituents ; the consulting of a transient person 
passing through any town, cannot afford any great advantage, nor 
ought, constitutionally, the opinion of such persons to have any 
influence upon your votes and determinations ; for, if I have any 
just idea of a House of Representatives, in the English constitu- 
tion, you are sent by your constituents, to assemble together, that 
they may have the benefit of your reasoning within doors, and not 
the reasoning of any particular town or person, without doors. 

Because, when I told you I knew of no fixed design to harass 
you, I did not add, nor to change the seat of government, you de- 
termine that I am privy to such a design ; but I am not. If there 
be any such design, I think, your proceeding to business at this 
time, would have the best tendency of any thing in your power, to 
cause it to be laid aside. 

You allow that the charter is a compact, and that both parties 
are held ; but you say the people never covenanted to grant money, 
or to do any business, except choosing Officers and Counsellors, to 
complete the General Court, on any day or year whatsoever. I 
never said they did. I never had the least dispute with you, ex- 
cept upon the place of your meeting. The time, there has been 
no exception to. It has been a matter of indifference to me per- 
sonally. I have endeavored to find out when it would be most 
convenient for you, that I might oblige you ; and the business of 
the Court, I have left to you to arrange and act upon, when, and in 
what order, you thought proper. 

In my speech to you, I ask you, if you had refused to meet, or 
should refuse to do business, now you are met, would you not de* 



MASSACHUSETTS STATE PAPERS. 253 

nrive the Crown of the exercise of the prerogative, and fail of per- 
forming your part of the compact ? Without the least color for it, 
you make a forced, unnatural construction of my woriis, and deter- 
mine that lam directing the several parts of the business you shall 
do, and the time of doing them, and that I hold the doctrine of 
Tresilian in degree, " that the King hath the government of Par- 
liament, and may appoint what shall be first handled, and so grad- 
ually, what next in all matters to be treated of in Parliament, even 
to the end of Parliament; and if any person shall act contrary to 
the King's pleasure, made known therein, they are to be punished 
as traitors." 1 have ever treated your messages with the utmost 
fairness. I have passed over, in silence, many passages in them, 
extremely exceptionable, and, in return, you have wrested my ex- 
pressiops to a sense, in which no man alive, could suppose, I in- 
tended them. Had Tresilian advanced no more than I have done, 
he would never have met with any blame. Had he only asserted, 
that the King, by virtue of his prerogative, had a right to assem- 
ble the Parliament, at such time and place, as he thought proper, 
and that if the Commons should refuse to assemble or to do the 
necessary business of the kingdom, when they were assembled, 
they would, upon the principles of the English constitution, fail of 
performing what was incumbent on them, he would never have 
been called in question for his doctrine ; and yet this is all I have 
said to you. I am willing to attribute this injurious treatment to 
inadvertence in the body of the House, by their passing upon so 
long and important a message, and which the committee took so 
many days to prepare, with so little debate after it was reported. 
After all your objections, you tell me that you did convene, in 
obedience to his Majesty's writ ; that you met again, at the time 
to which you stood prorogued ; that you conformed to my opin- 
ion, so far as the constitution i-equires you ; and now your right 
of judging commences. Consider, then, how the case now stands. 
You are held, by the constitution, to convene at a time and place 
appointed, but you are under no obligations to do any business, 
except at such times as you think proper ; and, if you do not like 
the place, you will exercise your right, and determine it is not a 
proper time. Can any thin^ render the prerogative more futile ? 
Let me ask you, whether, if your agents, when they were solicit- 
ing the charter, had been held to say, how far they acknowledged 
his Majesty's prerogative to convene the Court, at such time and 
place as he thought proper; and they had replied that they ac- 
knowledged it with this reserve, that the House of Representatives 
should be at liberty to refuse to do business, until the Court should 
be removed to such place as they thought proper, you imagine the 
charter would have passed the seals ? Neither your more thorough 
examination of the constitution, nor youy extraordinary zeal for 
its defence, of which you speak, can alter the original frame and 
intention. 



254 MASSACHUSETTS STATE PAPERS, 

Your main reserve, if it could be admitted, that whensoever the 
prerogative shall be exercised in a manner not for the public good, 
of which you are to be judges, it ceases to be a prerogative, is un- 
answerable. In all controversies, as soon as one party is allowed 
to be the sole judge, the knot is cut, and there must be an end of 
strife. But to this I spoke fully at opening the session. 

You are still ready "• to answer for all the ill consequences 
"which can justl}^ be attributed to you." The dangers may be irre- 
pairable, and it may be out of your power to compensate them. 
The people will then see what was their real interest ; but they 
will see it too late. 

I cannot omit taking notice of a remark, at the close of your 
message, upon an observation I made, that " your compliance 
could be no benefit to his Majesty." I had no other intention, 
than to express my sense, that the people solely can be aftected by 
your refusal to do business. You had no room to suppose, that I 
intended by it, to set you in an unfavorable light, as disaffected to 
his Majesty, and so induced to a non-compliance with his royal 
pleasure. 

The remaining parts of your message, having no immediate re- 
lation to this controversy, but respecting matters which concern 
the colonies in general, and the authority of the Supreme Legisla- 
ture, npon which, in language very much the same, the House of 
Representatives have repeatedly enlarged, which has, from time 
to time, been transmitted to be laid before his Majesty, I will 
make no reply to them, for I have no inclination to multiply con- 
troversies with you ; and those subjects have been so fully dis- 
cussed, that it is not probable, you or I shall be able to cast any 
new light upon them. 

I called you together, that you might further consider what, 
by the constitution, as appeared to me, it was your duty to do, 
and to give you an opportunity of doing it. You came, very soon, 
to a resolution to do no business. If you had stopped there, I 
should have prorogued you, without much delay ; for I have no 
intention to compel you to any measure by duress, nor to cause 
any unnecessary charge upon the people ; but you appointed a 
committee to answer my speech, which answer I did not receive 
until the eighth day after the meejting of the Court. I have taken 
one day only for my reply, and shall now order a further proroga- 
tion. It will be happy for the province, if, when you again as- 
semble, you can join with me in what is necessary for its real in- 
terest. T. HUTCHINSON. 

[The Court was then prorogued by the Secretary, to Septem- 
ber 20th, to meet in the College Chapel, in Cambridge. — Some 
apology, perhaps, is necessary, for giving in this volume, all the 
speeches and messages of the Lieutenant Governor, and the mes- 
sages and resolutions, &c. of the House of Representatives, and of 



MASSACHUSETTS STATE PAPERS. 255 

the Council, respecting the convening and holding of the General 
Court at Cambridge. This has been done in conformity to the 
advice of the highly respectable personage, who was consulted on 
the subject, and who approved of this publication ; and the Edi- 
tor feels a confidence, that the papers relating to this controversy, 
will be read with interest, by those who wish to know all the pro- 
ceedings of the patriots of that eventful period. These documents 
are, likewise, such as were promised in the proposals for this vol- 
ume, and serve to exhibit the characters and principles of the men, 
who stood forth in opposition to the arbitrary assumptions of the 
British Ministry.] 



SPEECH 

OF THE LIEUTENANT GOVERNOR TO THE COUNCIL AND HOUSE OF REPRSt 

SENTAIIVES, SEPTEMBER 27, X770.* 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

It is now become, in several respects, more necessary for the 
General Court to proceed upon the business of the province, than 
it was when I met you in your two last sessions. Many of our 
laws, which have been of great utility, are expired ; some for the 
punishment of criminal offences ; others which affect the course of 
our judicial proceedings ; and the people call for the revival of 
them. There are other affairs depending, of a very interesting 
nature, which had not then come to our knowledge, and which may 
be determined, before we can have another opportunity of acting 
upon them. The Council thought it not advisable for me to pro- 
rogue the Court to a further time. Their opinion and advice, 
which always have weight with me, induced me to call you to- 
gether rather sooner than I had before intended. 

Pursuant to my instructions, and the established practice, I 
caused the acts and doings of the General Court, at the session in 
March last, to be transmitted to England, by the first opportunity. 
Particular notice has been taken of a grant, made in that session, 
to a number of persons, who had settled upon lands in the eastern 
part of the province ; and, it appearing that other persons had also 
began settlements eastward of Sagadahock, some under color of 
grants from the General Court, notwithstanding that, by the ex- 

* A committee had waited on the Lieutenant Governor, to inform him, that a quorum of 
the House of Representatives had met, and were desirous he would remflve the General 
Court to its aj^cient and legal seat, the Town House, in Boston. 



256 MASSACHUSETTS STATE PAPERS. 

press terms of the charter, such grants are of no force, validity, or 
effect, until approved by the Crown ; others, without any color of 
grant or title whatsoever. Tliese settlements are deemed of great 
importance in various lights, but in none more so, than in that of 
the encouragement they have given to the waste and destruction 
of the King's timber, vt hich is a matter of the most serious con- 
sideration, in respect of the naval strength of the kingdom. It is 
made my duty to inform you, that, as the remedy for this great 
mischief, ought properly, and can only effectually come from the 
province within whose jurisdiction the lands he, it is expected all 
trespassers should be prosecuted ; and lam further to inform you, 
that the neglecting to exert every legal means to remove and pre- 
vent all unwarrantable intrusions, will be imputed as a default, 
for which the province will stand responsible. From a sense of 
my duty to the King, and from regard to the interest of the pro- 
vince, I must desire you to take this affair into your consideration, 
and do what is necessary on your part. I will assist and concur 
with you, to the utmost of my power. 

Gentlemen of the House of Representatives, 

In order to conform to the laws of the province, and to maintain 
the public faith, it was necessary the Treasurer should issue his 
warrants, for the assessment of the whole province debt, in the 
current year. If these warrants have not been so far executed as 
to render any alteration impracticable, and you shall be of opinion, 
that the burden will be too great for the people to bear, I am wil- 
ling to consent to an act for affording the necessary relief, by eas- 
ing the present year of part of this tax, and charging the same sum 
upon a future year. 

A state of the treasury will be laid before you, by which it will 
appear, that a supply will be necessary. Some appropriations are 
quite exhausted. 

His Majesty having thought fit to order that the garrison of 
Castle William, in the pay of the province, sli«uld be withdrawn, 
and that this fortress should be garrisoned by his Majesty's regu- 
lar forces, I am prevented from desiring you to make the usual 
establishment. The last establishment expired the 20th day of 
June last. I know you did not expect I should then dismiss the 
officers and men. I must now desire you to continue their pay 
and subsistence from the expiration of the establishment; and, as 
they are discharged at a season of the year when it will be difficult 
for them to find employ, I could wish that the continuance might 
extend, at least, to the 20th of November, the usual time of mak- 
ing up the roll. It is no more than justice to the garrison to say, 
they have behaved well, and have some claim to favor. 

The establishment for Fort Pownall being also expired, I must 
recommend to you to provide for the revival and continuance of it. 



MASSACHUSETTS STATE PAPERS. 257 

Gentlemen of the Council, and House of BepresentativeSf 

As the affairs which lie before you, are of great moment, and 
deserve your serious and mature deliberation, so they must take up 
much time. It is therefore more necessary, that you should begin, 
without delay, and should proceed with all diligence. I wish 
there may be a good harmony in the Legislature, and that we may 
unite in such measures as our common interest, and the interest of 
the province, requires of us* T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, OCTOBER 4, 1770. 

May it please ijour Honor, 

The House of Representatives having taken into considera- 
tion your epeech to both Houses, at the opening of this session, 
beg leave to request your Honor to explain a pait of it, which is 
expressed in such terms, as leave it uncertain in its true intent and 
meaning. Tiie passage referred to, is that wherein you say, 
" there are other affairs, of a very interesting natui-e, which had 
not then come to our knowledge, and which may be determined 
before we can have an opportunity of acting upon them." No such 
matters have come to the knowledge of this House ; if they have, 
been communicated to your Honor from his Majesty, or his Min- 
isters, we desire you would be pleased to lay them before us, that 
Me may have a precise understanding of what your Honor intends ; 
the want of which, prevents our coming at present to any determi- 
nation on your speech. 

The House are also very desirous your Honor would inform 
them, whetlier you have received any late instructions, agreeable 
to your expectation, expressed in your message to this House, of the 
first of June last, relating to the continuance of this Assembly out 
of its ancient, legal, and only convenient place, the Town House, 
in Boston. 



258 RiASSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
OCTOBER 4, 1770. 

Gentlemen of the House of Representatives, 

I AM not at liberty to make public, or communicate to you, by 
speech or message, an order of his Majesty in Council, of the 6th 
of July last, but it appears to me, that in consequence thereof, the 
state of the province of Massachusetts Bay will, undoubtedly, be 
recommended to the consideration of Parliament in the approach- 
ing session. This is the principal matter of moment to which my 
speech, at the opening of the session of the General Court, had 
respect. Although I am not at liberty to lay this order before you, 
yet, I am very ready to give all the information, in my power, to 
any committee, you may think proper, of the facts and ground up- 
on which this order is founded, so far as shall consist with my 
instructions. 

His Majesty has been pleased to cause to be expressed his en- 
tire approbation of my summoning the Court to meet at Cam- 
bridge. I am restrained from removing it to Boston, but I am not 
confined to the town of Cambridge. I am willing to meet the 
Court at any town in the province, which shall appear to me to be 
most for the convenience of the members, and which shall not mil- 
itate with the spirit of my instructions. 

T. HUTCHINSON. 



MESSAGE 

KROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOV- 
ERNOR, OCTOBER 13, 1770. 

May it please your Honor, 

In your speech to both Houses at the opening of the session, 
you was pleased to say, that his Majesty had thought fit to order 
the garrison of Castle William, in the pay of the province, to be 
withdrawn, and the fortress to be garrisoned by his regular forces. 
Your Honor must be assured, from a thorough knowledge of 
this people, that they are inferior to none of his Majesty's subjects, 
in loyalty and warmth of affection to his Majesty's person, family, 
and government. We have reason, therefore, to believe, that very 
false representations have been made of them to our Sovereign, to 
induce him to pass an order, which implies a total want of confi- 
dence, and carries in it the evident marks of his royal displeasure. 



MASSACHUSETTS STATE PAPERS. 259 

If you are knowing to any such representations, we have a riglit 
to expect that you will communicate them to us; and thereby give 
us the opportunity of taking the most eft'ectual measures, to clear 
up our own and our constituents innocence, and recover his Ma- 
jesty's favor. This request must appear to your Honor so rea- 
sonable in itself, and so important to us, that it cannot be denied ; 
for it is repugnant to the common principles of natural justice, 
tliat we should remain under such injurious representations, with- 
out being made acquainted with the crimes that arc alleged 
against us. 

By the royal charter, it is expressly granted, established, and 
ordained, that the Governor of the province, for the time being. 
*' shall have full power, from time to time, to erect forts, and to 
fortify any place or places within the province, and the same to 
furnish with all necessary ammunition, provision, and stores of 
"war, for oftonce or defence, and to commit, from time to time, the 
custody and government of the same, to such person or persons, 
as to him shall seem meet." We beg your Honor would be pleas- 
ed to inform us, whether you still hold the command of that im- 
portant fortress .^ You tell us, in your speech, that you are pre- 
vented from desiring us to make the usual establishment; from 
hence, Ave have grounds to apprehend, that the power, vested in 
you by the charter, is superseded by instruction. If the custody 
and government of that fortress, is now lodged with the military 
power, independent of the supreme civil magistrate, within this 
jurisdiction, it is so essential an alteration of the constitution, as 
must justly alarm a free people. We cannot, therefore, but be 
very earnestly solicitous of being clearly and explicitly made ac- 
quainted with the full import of the aforementioned order, as well 
as the grounds and facts upon which it is founded. 

[The committee who reported the above, were, Mr. Hancock, 
Gen. Prebbie, Col. Gerrish, and Capt. Farley.] 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
OCTOBER 16, 1770, 

Gentlemen of the House of Representatives, 

I AM not privy to any false representations, which might in- 
duce his Majesty's order, to which you refer, in your message to 
me, and which, you suppose, to imply a total want of confidence, 
and to carry in it evident marks of the royal displeasure. I am. 
nevertheless, ready to do every thing in my power, to enable you 



260 MASSACHUSETTS STATE PAPERS. 

to take the most effectual measures to clear up your own, and your 
constituents innocence, and to recover his Majesty's favor. 

It is my duty to acquaint his Majesty's principal Secretary of 
State for America, with all such public transactions, as are worthy 
of his Majesty's notice. In the beginning of May last, I enclosed 
a copy of the answer of the House of Representatives to my mes- 
sage, of the 7th of April preceding. I did it without any com- 
ment, as I promised I would do. Soon after, I forwarded a printed 
paper, containing the instructions, of the town of Boston, to their 
Representatives. Tliat message, and those instructions, without 
any other representation, I have sufficient reason to believe, were 
the immediate occasion of his Majesty's orders tome, to withdraw 
from the Castle the garrison, in the pay of the province, and to 
place there, a garrison of his Majesty's regular forces. 

You recite in your message, which I am now answering, a para- 
graph of the charter, with which I am well acquainted, and which 
I kept in my mind during the whole transaction, relative to the 
exchajige of the garrison, at his Majesty's Castle 5 and you then 
ask me, whether I still hold the command of that important for- 
tress ? And, because I am prevented from desiring you to make 
the usual establishment, you infer, that you have grounds to ap- 
prehend, that the power vested in me, by charter, is superseded 
by instruction. This expression is somewhat equivocal. If you 
mean no more, than that I have been instructed by his Majesty, 
how to use that military authority, which is given me, by charter, 
and by the royal commission, your inference is right, and such in- 
structions I shall always observe ; but, if you intend that, by with- 
drawing a garrison from his Majesty's Castle, which was paid by 
the province, and placing a garrison there, to be paid by the King, 
in pursuance of instructions, received from him, I have divested 
myself of the right given me, over this, in common with other forts 
in the province, you have no grounds for your inference. I have 
not, in this instance, given up any part of your charter rights. I 
never intend to do it in any other instance. On the other hand, 
you niay expect, that I will preserve every part of the King's pre- 
rogative. 

I will take this occasion, to observe to you, that, as the ammu- 
nition and stores of war, lodged in the Castle, for his Majesty's 
service, were purchased and intended for the general defence of 
the province, as well as for the use of that particular fortress, I 
think it necessary, either to continue the person, who had the im- 
mediate charge of those stores, or appoint some other person store- 
keeper, to issue all stores, by my warrants or order, and to be 
accountable to me. I must, also, retain another of the officers of 
the former garrison, to receive all passes for outward bound ves- 
sels, and to make weekly return, to me, of all vessels, both out- 
ward and inward bound. This is so necessary a provision, for 
preventing the breach of the acts of trade, that I dare not, upon 



MASSACHUSETTS STATE PAPBUS. 261 

any consideration, omit it. I must, therefore, recommend to you, 
to make a proper estiiblishment of these two oilicers, until I may 
have opportunity of receiving a further significatiozi of his Majes- 
ty's pleasure, concerning this garrison. 

T. HUTCHINSON 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVER- 
NOR, OCTOBER 23, 1770. 

May it please your Honor, 

In our message to your Honor, of the 13th instant, we desired 
you Mould be pleased to inform the House whether you still held 
the command of Castle William. In ansvi^er to Avhich you say, 
that, in withdravi'ing a garrison from his Majesty's Castle, which 
was paid by the province, and placing a garrison there, to be paid 
by the King, in pursuance of instructions from him, you have not 
given up any part of our charter rights. 

This answer appears to the House to be somewhat equivocal. 
For your Honor may possibly differ with the House, in your con- 
struction of the clause in the charter, which we have recited. By 
this clause, the Governor of the province is undoubtedly vested 
with the command of that fortress. Your Honor may have been 
instructed to transfer that command to his Majesty's chief military 
officer in America, or any other person. If that be the case, the 
power, which is vested in you, by the charter, is superseded by 
instructions. 

A doubt in the House, respecting a matter of so very interesting 
a nature to the province, is the occasion of this repeated message 
to your Honor, to request that you would, in an explicit manner, 
assure us, whether you still hold the command of his Majesty's 
Castle William. 

[The committee which prepared this message, were, Mr. S. Ad- 
ams, Mr. J. Adams, Col. Warren, Mr. Hancock, and Col. Pres- 
cott.] 



262 MASrSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR '1 THE HOUSE OF REPRESENTATIVES, 
OCTOBER 23, 1770. 

Gentlemen of the House of Rppresentatives, 

In my answer to your message, of the ISth instant, I have 
told 3'ou, that, by withdrawing tlie garrison from Castle William, 
which was paid by the province, and placing a garrison there, to 
be paid by the King, in pursuance of instructions, received from 
him, you had no grounds to infer, that I have divested myself of 
the right given me, by charter, over this fort, in common with the 
other forts in the province. 

I had no latent meaning in this, nor any other expression, in my 
answer. I intended it should convey this idea, that I was not, by 
the exchange of the garrison, divested of the right, and, conse- 
quently, that I still retain it, for it has never been suggested, that 
1 have parted with it in any other way, nor do I know of any 
color for such suggestion. 

I know ot no ambiguity, in that clause of .the charter, which yo« 
have recited in your first message to me. I shall be sorry, if the 
House shall put any construction upon it, different from what 
appears to me to be the plain sense of the words ; but, 1 must 
govern myself by my own understanding, and choose to avoid any 
altercation concerning it. 

The authority given me over the Castle, by his Majesty's com- 
mission, I have exercised, and continue to exercise, without any 
infringement of the rights of the people, by charter, or otherwise, 
and without any extension of the prerogative of the Crown be- 
yond its just limits ; and, I doubt not, I shall be able to vindicate 
my conduct, if ever I shall be called to account for it. 

T. HUTCHINSON. 



MESSAGE 

FROM THE COUNCIL TO THE LIEUTENANT GOVERNOR, OCTOBER 2S, 1770. 

May it f)lease your Honor, 

Your Honor having been pleased to make known to the 
Board, some part of a letter from the Earl of Hillsborough, and 
also the report of a committee of the Lords of Council, with his 
Majesty's order in Council, thereon — which report and order, 
greatly affecting the character of the Council of this province, and 
ra\y, in their consequences, affect our charter right; we pray your 



MASSACHUSETTS STATE TAPERS. S63 

Honor to lay before this Board, an authentic copy of the said 
report and oider, and so much of the said letter, as may concern 
either the Council or the province, that the Board may know the 
reasons on which they are grounded, and take such measures as 
shall be judged most advisable, to vindicate the character of the 
Council, and prevent any infringements on the charter rights of the 
province. 

[The committee who waited on the Lieutenant Governor with 
the above message, reported verbally from his Honor, " that, by 
his instructions, he was strictly forbidden to give a copy of said 
letter, report, or order, or even to mention them, by speech or 
mes-^age, to either House." — It may be proper to observe here, 
that the aforesaid " report and order" were, in consequence of a 
deposition of A. Oliver, Escj. the Secretary, taken by request of 
Lieutenant Governor Hutchinson, and by him, with other papers, 
forwarded to England, to be laid before the Ministry ; which depo- 
sition states what was done by the Council, on the 6th of March, 
1770, specially convened by the Lieutenant Governor, on account 
of the massacre of the 5th, when some of the British regular 
troops, then stationed in Boston, fired upon the citizens, and killed 
and wounded eleven of them. The deposition of the Secretary 
states, that the Council advised the Lieutenant Governor to order 
the troops to the barracks, at the Castle, as otherwise they would 
be destroyed ; that the commissioners also must remove from Bos- 
ton, where their persons were not safe ; and that a plan had been 
formed by the people very generally, including men of property 
and influence, in the province, to have the troops and commission- 
ers removed immediately. The deposition was so worded, as to 
bear the construction, and that perhaps most naturally, that such 
a plan was formed previously to the massacre ; whereas, the opinion 
of the Council really was, that the people were greatly exaspe- 
rated, by the murder of their fellow citizens, and would not rest 
easy till the troops were removed from Boston to the Castle, or 
withdrawn wholly from the province. The deposition further 
states, that the minutes taken by the Secretary, of the doings and 
advice of Council, on the 6th, were by them, on the 7th, ordered to 
be altered ; because, though what took place was therein stated 
truly, yet, tiiey were desirous it should be so expressed, as to be 
more favorable to them : the Secretary thus insinuatins;, that they 
were unwilling to have all they did and advised, appear precisely 
as it was ; but would have it receive a coloring which would still 
show their loyalty. And accordingly, in his said deposition, he 
recited the minutes, as taken the 6th, and then gave the same 
proceedings, as amended by the Council, on the 7th. The follow- 
ing report of the Council, on this subject, will give a correct viev/ 
of the affair.l 



264 MASSACHUSETTS STATE PAPERS. 



REPOKT 

OF A COMMITTEE OV COUNCIL, MADE TO THE BOARD, OCTOBER 24, 1770, RE- 
SPECTING THE REPRESENTATION MADE BY SECRETARY OLIVER OF THEIR 
CONDUCT, MARCH SIXTH AND SEVENTH, 1770 ; AND BY THE BOARD UNANI 
MOUSLY ACCEPTED, 

The committee having cDiisidcrecl the petition of Secretary 
Andrew Oliver, and his affidavit, concerning the proceedings at the 
Council, on the 6th and 7th of March last, annexed to a pamphlet 
published in London, take occasion to make a few observations 
upon them. 

With regard to the said afl&davit, several things are observable 
from it. 

1st. That what is there declared to be said by Mr. Tyler,* in 
Council, is expressed in such a manner as to be generally under- 
stood to represent, that, antecedent to the unhappy affair of the 
5th of March last, there had been a plan formed, by people of the 
best characters among us, to remove the troops out of the town of 
Boston ; and after that, the commissioners. 

2d. That divers gentlemen of the Council adopted what had 
been so said. 

3d. That the Secretary had, in his draft, expressed what had 
been said in debate, at Council, in the terms in said affidavit re- 
cited ; and that this form, or draft of his, was " allowed by the 
Council, strictly to express the truth ; but that it would not stand 
well on the Council records ; whereupon one of the gentlemen of 
the Board prepared an ametidment, which was substituted." 

As to the first article, the plan therein mentioned, was, accord- 
ing to the affidavit, or deposition of the Secretary, intended to ef- 
fect the removal of the troops, and the removal of the commission- 
ers. With regard to the removal of the troops, Mr. Tyler, who 
mentioned the said plan in Council, on the 6th of March last, de- 
clares, that he had uttered nothing in said Council, purporting 
that any plan had been formed to remove the troops, previously to 
their firing on the inhabitants ; that he had no idea of a plan 
formed for the removal of said troops, until the day after the shock- 
ing scene on the evening of the 5th of March ; and that he then 
meant to be understood, that the disposition of the people to re- 
move the troops, was occasioned by the killing and wounding ot 
divers inhabitants of thetown, and by the people's apprehensions 
that the troops still had an unfriendly design against them. Mr. 
Erving, Mr. Pitts, and Mr. Dexter,t declare, that they cannot re- 
collect, neither do they believe, that any thing was said in Coun- 
cil by Mr. Tyler, purporting that any plan had been formed to re- 

' ,R, Tyler, one of tlxe Council. t Membtrs of the Council. 



MASSACHUSETTS STATE PAPERS. 265 

move the troops, previously to their firing on the inhabitants; but, 
that they understood him to mean, that the people were excited to 
such a measure, by the killing and wounding some of the inhabit- 
ants of the town, on the evening immediately preceding. 

Mr. Danforth, and other gentlemen of the Board, then present 
in Council, have made, in substance, the same declaration. Mr. 
Cotton, the Secretary's deputy, and his assistant, Mr. Skinner, 
declared, that, when Mr. Tyler mentioned the plan aforesaid, 
they did not apprehend him to mean a plan, concerted before the 
6th of March, and the Secretary,, himself, has lately declared, be- 
fore the Board, that he did not conceive Mr. Tyler to mean such 
a precoacerted plan ; and that he never believed any such plan 
had been formed. All v/hich declarations amount to a satisfactory 
proof, that what Mr. Tyler said in Council, did not convey the 
idea, that a plan had been formed to remove the troops, previous 
to their killing a number of the inhabitants. 

AVith regard to a plan to remove the commissioners, Mr. Cot- 
ton declares, he heard Mr. Tyler say, that there was a plan to 
remove the troops from the town ; and, that they would not stop 
there, but would remove the commissioners also. F. Skinner* 
declares, in substance, the same ; as does also Capt. Caldwell.* 
The two first, however, say, that they did not apprehend Mr. Ty- 
ler meant a plan concerted before the 6th of March. With re- 
gard to this, Capt. Caldwell is not explicit. 

Lieut. Col. Dalrymple* said nothing in his deposition, concern- 
ing the commissioners ; but, afterwards, being asked whether he 
remembered that Mr. Tyler said, a part of the plan was to remove 
the commissioners out of Boston .^ he answered, that something of 
the kind was said by some one of the Council, during the debates, 
but he could not say, that it was Mr. Tyler. 

This is the whole of what is declared on the positive side, rela- 
tive to the commissioners. Two of these declarants, viz. : Messrs. 
Cotton and Skinner, say, they were called out, divers times, while 
the Council was sitting, and in the course of the proceedings ; 
and Mr. Cotton infers from it, " that he cannot declare so fully 
as those who attended, without interruption." Capt. Caldwell 
did not go to tlie Council, till four o'clock in the afternoon of the 
6th of March, and, therefore, cannot judge of what passed in 
Council, so well as those who attended both parts of the day; 
did not recollect, when he gave his deposition, that any thing had 
been said concerning the commissioners ; and his answer, when 
afterwards asked, shfews, he had only a general remembrance of 
something said about the commissioners. It is very probable, 
that what passed between the Lieutenant Governor and several 
of the Council, relative to the protection of the commissioners, as 
hereafter mentioned, was the thing which lay on his mind. 

* Skinner was a Clerk to the Secretary. — CaldweU and Dalr>miple, British Officersj called 
before the Governor and Council, to give theij- testimony. 

34 



266 MASSACHUSETTS STATE PAPERS. 

It is not doubted, that these declarants understood Mr. Tyler, 
in the sense they have stated ; but, it is very pr(»bable, they might 
misapprehend him. Tt appears, by the deposition of Mr. Gray,* 
and others, that the Lieutenant Governor asked the Board, what 
protection there would be for the commissioners, if both regiments 
were ordered to the Castle ; and this, very probably, gave the 
occasion for mentioning the commissioners at all. Mr. Tyler, 
upon that question, might express his sentiments on that head ; 
and, having so fair an opportunity, might express his sentiments 
also, concerning the commissioners themselves, and the low esti- 
mation in which they are held by people in general, not only here, 
but through the continent ; and, this being mixed with the subject 
of the day, viz. : the removal of the troops, might occasion, what 
he meant to say, relative to the troops only, to be understood by 
some, as relative to them and the commissioners also. It is 
certain, that all the gentlemen of the Council, then present, have 
declared, on oath, they have no remembrance that Mr. Tyler 
said, there was a plan laid for the removal of the commissioners; 
and, Mr. Gray adds, to this declaration, that he took particular 
notice of what Mr. Tyler did say. Mr. Tyler, himself, on the 
most serious recollection, declares, on oath, that the assertion, 
that he said, " there was a plan formed to remove the commis- 
sioners, or, that it was any part of a plan to remove them," is a 
gross misrepresentation ; and that, in his best judgment, and firm 
belief, no plan to remove the troops, before their tiring on the in- 
habitants of Boston ; or, at any time whatever, to remove the 
commissioners, ever was formed, or forming by the people, or any 
number of persons whatever. He further declares, that, on the 
Lieutenant Governor's asking, in the Council, what will become of 
the commissioners, if the troops are removed, several of the gen- 
tlemen gave it as their opinion, that they would be safe, and 
always had been safe ; and, he verily believes, nothing was said. 
to the contrary, by any one of the Council present. Mr. Gray 
declares, " that, when the Lieutenant Governor asked the said 
question, he answered, that the commissioners would be as safe, 
without the troops, as with them ; for, that the people would never 
be so mad, as to offer them the least violence, when the troops 
could so easily be recalled, for their protection." He further 
declares, '' that one gentleman, at the Board, immediately second- 
ed him. and assured his Honor of their safety; and added, that 
he would pawn his life, they would receive no injury." 

Mr. Danforth declares, he well remembers, that divers of the 
Council then declared, that, in their opinion, the commissioners 
might continue in town, in all safety, after the troops were re- 
moved ; and, that no one of the Council present, discovered an 
opinion diverse therefrom. 

* Member of tlie Council. 



MASSACHUSETTS STATE PAPERS. 267 

Mr. Erving declares, that, he said at the Board, in the hearing 
of the Lieutenant Governor, on the 6th of March, that, in his opin- 
ion, the coniinis ioners were safe in town, and ncvfr had been in 
danger; and, that he would pawn his life, they would remain safe, 
or words of the same import. 

If the foregoing circumstances and declarations be duly con- 
sidered, it will appear higldy probable, that, if Mr. Tyler said any 
thing about the commissioners, it was misunderstood. And. this 
will appear still more so, if it be further remarked, that, on the 
contrary supposition, it must Iuia^c been considered, as a reason 
for the troops remaining in town, had the commissioners been 
supposed to be in danger, as has been observed by several of the 
deponents ; and the said deponents are persuaded, it would have 
been so considered by the Lieutenant Governor, and the com- 
manding officer of the troops ; and, consequently, have tended to 
defeat the end, which the Members of the Council, particularly 
Mr. Tyler, were aiming at. And, they further observe, that, had 
he mentioned it, as his opinion, there was a design of the people 
to remove the commissioners, it would have been so entirely con- 
trary to the sentiments of the deponents, and, they doubt not, of 
every Member of the Council, present, except himself, that they 
verily believe, it must have produced such a dispute and opposi- 
tion, as would not sooli have been forgotten. 

The second thing observable from the affidavit of the Secretary, 
is, that divers gentlemen of the Council, by referring expressly to 
it, adopted what Mr. Tyler had said, viz. : •' that the people of the 
best characters among us, had formed a plan, not only to remove 
the troops, but the commissioners." 

In contradiction to this, every gentleman of the Council, then 
present, deny that they adopted any such declaration. So far are 
they from adopting what is represented to have been said by Mr. 
Tyler, about a plan to remove the commissioners, that there is not 
one of them has the least remembrance of any thing said concern- 
ing a plan to remove the commissioners ; and therefore, they could 
not refer to it, or in any sense whatever, adopt it. Mr. Hubbard 
and Mr. Russell,* declare, that, as they cannot recollect they heard 
a word from Mr. Tyler of any intention to remove the commission- 
ers, so neither could they have adopted such a strange opinion, 
had it been advanced by any person whatever. 

Mr. Erving, Mr. Dexter, and Mr. Pitts, declare the same, and 
add, that, according to their best remembrance, what was really 
said in Council, by Mr. Tyler, was not referred to by any other 
Member present, in such manner as that it could, with the least 
degree of propriety, be affirmed in general terms, as it is in the 
deposition of the said A. Oliver, " that they adopted what Mr. 
Tyler had said," 

" Members of the Couucil. 



268 MASSACHUSETTS STATE PAPERS. 

Mr. Danforth, in his deposition, recites, that, " whereas in Mr. 
Oliver's affidavit it is asserted, that divers of the Council adopted 
what Mr. Tyler had said, by referring to it, and thereby excusing 
themselves from enlarging, (which assertion plainly imports that 
divers members of the Council assented to and adopted all that 
Mr. Oliver, in his affidavit, had represented to have been said by 
Mr. Tyler, relative to a plan formed to remove the commissioners, 
as well as the troops,) he, the deponent, declares, that although he 
had the like apprehensions Mr. Tyler had of the danger of further 
bloodshed, in case the troops should continue in town, yet, that he 
never adopted any sentiment, that a plan had been concerted to 
remove the commissioners, (or even the troops, by way of compul- 
sion,) and, so far at least, as relates to the commissioners, this de- 
ponent is fully persuaded, that no Member of the Council, then 
present, did adopt the same ; inasmuch as he well remembers, that 
divers of them then declared, that, in their opinion, the commis- 
sioners might continue in town with all safety, after the troops 
were removed thence ; and no one of the Council, then present, 
discovered an opinion diverse therefrom." 

From these depositions, and what went before, it appears, that the 
said gentlemen of the Council, were so far from adopting what the 
Secretary represents to have been said by Mr. Tyler, as to a plan 
to remove the commissioners, that there is not one of them has the 
least remembrance of any thing said about such a plan ; and there- 
fore, they could not refer to it, or in any sense Avhatever, adopt it. 

The third thing observable in the Secretary's affidavit, is what 
he declares about his draft expressing what had been said in de- 
bate at Council, "that it was allowed by the Council strictly to 
express the truth, but that it would not stand well on the Council 
records." This declaration represents the Council in a very odious 
light. It conveys to the world this idea, that they rejected his 
draft because it was true ; and that the truth of it made it unfit to 
be recorded in the Council books ; "whereupon an amendment was 
substituted." To substitute an amendment, which alters the truth, 
is to substitute a falsehood. And as the said declaration suggests 
such a substitution, it implies a charge of falsehood on the gentle- 
men, who were present at that Council. But though the commit- 
tee apprehend the Secretary did not intend any such charge, yet 
his words may probably be construed to imply it. 

With regard to the said aniendment, most of the gentlemen have 
expressed their sentiments in their respective depositions. Five 
of them declare, that the words made use of in the amendment, as 
recited by the Secretary, in his deposition, which were, the next 
morning, proposed in Council, to be substituted instead of the 
terms the Secretary had used in the minutes of the Council, taken 
the day before, these deponents then thought less liable to be mis- 
construed ; and that, by this alteration, the true meaning and in- 
tent of the Members of the Council, in what they had said on the 



MASSACHUSETTS STATE PAPERS. 269 

preceding day, to the Lieutenant Governor, of the disposition of 
the people, would fully and fairly appear. 

Mr. Danforth declares, that the said amendment was unani- 
mously agreed to by the Members of the Council, then present, and 
contains the whole of what, after full debate and mature consider- 
ation, was by them adopted ; and, (together Avith the advice given 
to the Lieutenant Governor, to use his influence that the troops 
might be removed,) was, as the deponent appreliends, the whole 
that could regularly be certified by the Secretary ; as they were 
the only votes of the Council, that passed on that occasion. 

The committee proceed to consider the Secretary's petitions to 
the Board, and to make some observations upon them. 

In one of them he represents, that his deposition or afiidavit, 
above inentiohed, appears, by the tenor of it, to have been made 
merely to vindicate the Lieutenant Governor, in desiring that his 
Majesty's troops might be removed to Castle William, after the 
fatal catastrophe of the 5th of March, he having been called upon, 
by the Lieutenant Governor, to give a true relation of the proceed- 
ings, had in Council, on that affair. If the Lieutenant Governor 
desired the said deposition for his vindication, could he not have 
been vindicated without the Secretary's traducing the Council, and 
bringing into question the loyalty of the town of Boston, or the 
province ? AVas it not traducing the Council, to suggest tliat they 
rejected his draft, because it strictly expressed the truth ? And 
was it not bringing into question the loyalty of the town or pro- 
vince, to suggest that a plan had been formed, by people of the best 
characters ainong us, to remove the troops and commissioners ; 
and that divers of the Council adopted or allowed it to be true, 
that there was such a plan } Do these suggestions, and the decla- 
rations contained in the Secretary's deposition, in which he wholly 
omits wliat was said about the safety of the commissioners, comport 
with a true relation of the proceedings had in Council, on the above 
mentioned affair ; which relation the Lieutenant Governor called 
upon him for ? 

The Secretary further represents, that, as holding his commission 
immediately from the King, who therein expresses his confidence 
in his fidelity, he could not consider himself as acting in breach of 
trust, in making said deposition, as he was called upon by the Com- 
mander in Chief, who is the King's Representative, to give a true 
relation of the proceedings had in Council, on that day. 

Though the Secretary holds his commission immediately fi-om 
the King, the commission constitutes him an officer of the province, 
to do the business appertaining to the office of Secretary ; but does 
not give the Commander in Chief, notwithstanding he is the King's 
Representative in the province, any authority over him. By vir- 
tue of his commission, he is to do the proper business of Secretary : 
but could it be a part of such business, to take minutes at Council, 
of what all, or any of the Members, said in their debates ^ and af- 



270 MASSACHUSETTS STATE PAPERS. 

terwards to g;ive a deposition of it, when called upon by the Com- 
mander in Chief? If it was not a part of such business, for what 
purpose couid he want to assist his memory, by taking the said 
minutes ? Could this be any proof of fidelity to the King ; or would 
it not be considered as abroach of trust ? Would not such an idea 
of the business of a Secretaiy. degrade him into the character of a 
spy or informer ? Would it not be inconsistent with the freedom 
of consultation and debate, and consequently with one of the most 
essential privileges and rights of Council ? And would it not, 
therefore, be subversive of every principle, which distinguishes a 
free government from despotism ? But, admitting that the Secre- 
tary, as the King's officer, is under obligation to take such minutes, 
at Council, and reduce them to a de; osition, if desired by the 
King's Representative, (which is utterly denied,) yet it appears, 
by one of the Secretary's petitions to the Board, that he officiously, 
Avithout the privity of any one, took the minutes of what was said 
in the debates of Council, on the 6th of March. 

If the Secretary could think himself authorized to take such 
minutes, and give such deposition, was he not under the obligation 
of honor, and did not justice require him to communicate it to the 
Council, before he had completed and delivered it ? Had he -done 
so, the mistakes, and the partial representations contained in it, 
might have been corrected, and his ovvu honor and justice remained 
unimpeached. 

It has been, for some time, justl}'^ complained of, that deposi- 
tions, memorials, and every species of information, have been 
made and taken, and sent to England in a secret manner, and 
there made use of, to represent his Majesty's subjects here, in an 
odious light; which has occasioned troops and naval armaments 
to be sent hither, to the great, and unjust annoyance and distress 
of his Majesty's subjects of this province. It was, therefore, the 
more extraordinary, that the Secretary, in the affair of his depo- 
sition, should act in the same secret manner; especially, as it 
respected what had been said in Council ; about which, he could 
have easily informed himself from the Members, Avho, at the same 
time, had a right to know what he had represented concerning 
them. Whatever may have been designed, with regard to the oper- 
ation of this deposition, the manifest tendency of it is, to give a 
most unfavorable, and, at the same time, a most unjust idea of the 
people here, and of the Council, in particular. As the said depo- 
sition represents the Council in an ill light, it would be no disa- 
greeable present to Governor Bernard, to whom it was sent by 
the Lieutenant Governor, as he informed the Board. His Honor, 
at the same time, informed them, that he desired Governor Ber- 
nard to keep it to himself, unless his conduct, with regard to re- 
moving the troops, should be fiiulted; in which case, it was to be 
made use of for his Honor's vindication. Whether it was used 
for that purpose, is uncertain. But, it is certain, that it was pub- 



MASSACHUSETTS STATE PAPERS. 271 

lislied in London, annexed, with other depositions, to a pamphlet, 
entitled " a fair account of the late unhappy disturbances at 
Boston, in New England j" in which pamphlet and depositions, is 
given a very unfair, and, in all material circumstances, a very 
false account, of" what is therein called, the late unhappy disturb- 
ance. The most material thing aimed at, in the said pamphlet, 
is, to obtrude, as truth, on the public, this falsehood, viz. : that a 
plan was here laid for the expulsion of the troops, prior to their 
firing on, and killing a number of the inhabitants of the town; 
and the principal, if not the only deposition, which, in any mea- 
sure, tends to support such a charge, is the Secretary's. 

The deposition has, in some degree, answered the purpose of the 
pamphlet writer or procurer; and is well calculated to answer 
the further purpose of Governor Bernard, to eftect a change in the 
constitution of the Council, by giving a very disadvantageous idea 
of the Board, of the last year, from which will be formed the 
idea of the present Council, which includes the same Members as 
the last. 

This deposition has been attended with circumstances which 
appear, in some degree, remarkable, ft was taken the same day, 
on which most of the other depositions, annexed to the pamphlet, 
were taken, viz. : the ISth of March. They probably all went hy 
Mr. Commissioner Robinson, who sailed for England, the 16th of 
March ; and they are all published together, in the same pam- 
phlet. Whether these circumstances are casual, or whether they 
indicate a mutual correspondence and communication between 
persons here, with regard to said depositions, there do not appear 
any sufficient means fully to determine. 

The Secretary further represents, " how cautious he was in fram- 
ing his deposition ; and that he is confident he has been precise 
in setting down the very words used on the occasion, without 
adding any construction of his own." How cautious and precise 
the Secretary has been, especially in representing wlmt was said 
about the commissioners, has fully appeared above. He not only 
gives an imperfect account of what he has represented, but, has 
wholly omitted all the declarations made at Council, relative to the 
commissioners, that they would be safe, though the troops should 
be removed ; which has already sufficiently appeared. 

The Secretary goes on to observe, " that the principal matter, 
wherein the testimony of divers (or rather of all) of said gentle- 
men, differs from his own, appears, to him, to be concerning \vha.i 
relates to the commissioners ; with regard to which, he appre- 
hends, his deposition is fully supported by the testimony of liisia- • 
terested witnesses, then present." 

The Secretary here suggests, that the gentlemen of the Coun* ' 
cil are interested, and, therefore, that their testimony, wherein it 
differs from that of his witnesses, who, he represents, as disinter- 
ested, must be invalidated. Seven gentlemen of tlif; Council 



272 MASSACHUSETTS STATE PAPERS, 

have given testimony, about what TNIr. Tyler is represented to 
have said in Council, concerning the troops and commissioners. 
In this matter, it is evident, they are wholly disinterested. What 
inducement, then, could they have, to pervert the truth ? How is 
their testimony, in this matter, invalidated ? They may be stiled 
disinterested witnesses, as propeily, as those produced by the 
Secretary; and, much more so, than two of them, who act under, 
and are dependent on the Secretary, for their continuance in office. 
The committee have been thus particular in this matter, that the 
true state of it might appear ; and that, thereby, the pernicious 
consequences to the province, which, the Board apprehend, the 
Secretary's deposition may be attended with, may be prevented. 
So far as this matter stands related to the Council, it appears, that 
^he Secretary's deposition exhibits to the world, a very dishonora- 
ble and injurious idea of them, by suggesting, " that, because his 
draft was allowed strictly to express the truth, it would not stand 
well on the Council record, and was, therefore, rejected by the 
Council." It appears, also, that the Secretary has, in a secret 
manner, taken minutes at Council, of what was said by the Mem- 
bers, in their debates ; that he has subscribed his name to a paper, 
containing those minutes, and has taken his deposition before F. 
Hutchinson, Esq. to the truth of it ; also, that the said paper and 
deposition havebeensent,by the Lieutenant Governor, to Governor 
Bernard ; and, that they have been since published, with other 
depositions, annexed to a pamphlet, designed to defame the pro- 
vince, with regard to the unhappy affair of the 5th of March. 

The conduct of the Secretary, in this affair, is not only a breach 
of trust in him, and injurious to the character and honor of the 
Council, but is destructive of all freedom of speech and debate ; 
and, consequently, a breach of privilege, the most essential privil- 
ege belonging to the Council, or that can belong to a deliberative 
body. 

The committee, therefore, are humbly of opinion, that the honor 
of the Council requires the Board to adopt the following resolu- 
tions : 

1. Resolved, That Andrew Oliver, Esq. Secretary of this pro- 
vince, by secretly taking minutes at Council, of what was said by 
the Members in their debates ; also, by signing a paper, contain- 
ing those minutes ; and, further, by giving his deposition to the 
truth of it, has, in each, and all those instances, acted inconsist- 
ently with the duty of his office, and thereby is guilty of a breach 
of trust. 

2. Resolved, That the said Andrew Oliver, Esq. inasmuch as 
such proceedings are destructive of all freedom of debate, is guilty 
of the breach of a most essential privilege of this Board. 

3. Whereas the said Andrew Oliver, Esq. has suggested, in his 
said deposition, that, because his draft was allowed strictly to ex- 
press the truth, it would not stand well on the Council records, and 



MASSACHUSETTS STAT^ PAPERS. S73 

.tnd was, therefore, rejected by the Council. Resolved, That by 
such suggestion, he has injured and abused the Members compos- 
ing the Council ; and, by so doing, has reflected dishonor on this 
Board. 

4. Resolved, That an attested copy of this report be sent to 
Mr. Agent Bollan, that he may make the best use thereof, he can, 
for the benefit of this province. 



LETTER 

FROM THE COUNCIL TO WILLIAM BOLLAN, ESQ. AGENT, IN ENGLAND, 
OCTOBER 30, 1770. 

Sir, 

We are extremely sorry to find, by your letter of the 

; and otherwise, how unhappy the situation of our pub* 
lie affairs is, on the other side of the water ; and that it is proba- 
ble they will, in the next session of Parliament, be the subject 
matters of their inquiry, without our ever being notified to make 
answer to the charges exhibited against the province, or of de- 
fending the Council, in particular. This is so far from being 
constitutional, as, that perfect innocence is no protection in such 
a case. But yet, hard as it is, unconstitutional as it is, we make 
110 doubt, that it will be the case, unless your active, vigorous 
efforts prevent it; which, from the experience of your former 
services, we are very confident will not be wanting. On, or about 
the 6th of July last, it is very likely you will find, that a com- 
mittee of the Lords of Council, for plantation affairs, in their re- 
port, which was accepted by the Lords of Council, gave the fol- 
lowing advice to his Majesty, that Castle William should be taken 
into his own hands, and garrisoned by his own troops ; which 
hath since been done ; the Castle delivered up; Capt. Phillips, 
the officers and privates, sent off", and now entirely in the hands 
of the regulars ; that the place of rendezvous, for the King's ships, 
in North America, should be at Boston ; accordingly. Com. Hood 
came from Halifax, with his squadron ; he was soon relieved by 
the arrival of Com. Gambier. And now, at a time of profound 
peace, we have a greater number of men of war, in the harbor of 
Boston, than was known in time of war, since the first settlement 
of the country. 

The following charges were likewise i-eported, and accepted by 
the Lords of Council, requesting his Majesty to lay the same be- 
fore the Parliament, at their next session, really, that our consti- 
tution might be essentially altered, viz. : 

" 1st. That seditious and libellous publications are encouraged. 
35 



274 MASSACHUSETTS STATE PAPERS, 

and go unpunished, manifeating a design to stir up the people to 
acts of violence and opposition to the laws, and to the authority 
of Parliament. 2d. Goods, liable to duties, forcibly landed, with- 
out paying those duties ; lawful seizures rescued by force ; offi- 
cers abused, and treated with violence, whilst doing their duty : 
illegal proceedings of tlie town of Boston, in their meetings of 
June ISth, and September li2th, 1768, and the Convention at Bos- 
ton, September 22d ;* a combination not to import goods from 
England ; and the several resolutions and proceedings, in conse- 
quence thereof; the declarations and doctrines, inculcated by the 
House of Representatives, in their resolutions and messages to the 
Governor; the instructions of Boston to their Representatives;* 
the Council disposed to adopt those principles, and to countenance 
such illegal proceedings, evidently manifested, in their backward- 
ness, to join with the Governor, in such measures as were neces- 
sary to prevent the same ; their meeting, and acting as a Council 
of State, without a summons from the Governor, and without his 
presence, and printing their resolutions." 

These are the charges, we conjecture, his Majesty, by advice of 
Council, will lay before the Parliament, in their next session; 
and, it is pretty certain, the Lieutenant Governor, in a letter from, 
the Earl of Hillsborough, hath this account. A committee from the 
Council waited upon his Honor, for a copy of the letter, report, 
and order, so far as it respected the rights of the province and 
colony ; but, the Lieutenant Governor told the committee, that, 
by his instructions, he was strictly forbid giving one, or even to 
mention them, by speech or message, to either House. These 
charges, the Lords of Council have looked into, and have adjudged 
to be facts. And, therefore, the Parliament is only to determine, 
the punishment. Such a conduct as this, till of late, is not to be 
paralleled. How is English liberty lost ! How precarious and 
uncertain is man's liberty, and, even his very life ! For, if they, 
in this way, can take away the former, they may take away the 
latter. They may as constitutionally determine, that every Mem- 
ber of his Majesty's Council hath been guilty of high treason, and 
deny, that the Parliament would make an act for your punish- 
ment.t Surely, upon application for time allowed us to answer, 
they cannot deny you, unless corruption reigns without control. 
But still, while we think of the election of a Member for Middle- 
sex, we need fear every thing. ' Wherefore, we will suggest a few 
things to you, relative to the charges aforesaid, so far as the 
charges respect the Council ; we say, so far as they respect the 
Council ; not, because we suppose the other charges true, and not 
to be answered ; but, because the Council are not the proper per- 
sons to do it, and it might be taken amiss, if we should. As to 

* See Appendix, 
t This seems obscurej but it is so in the original. 



MASSACHUSETTS STATE PAPERS. 275 

ihe first, that seditious and libellous papers going unpunished, &c. ; 
allowing that to be the case, where doth the fault lie ? Not in 
the Council. Can they try and determine these matters ? In this 
•way, they have nothing to do with them. Why is there not a 
charge against the House of Lords, (which is the sumina curia,) 
that they do not suppress those seditious and libellous publications 
at home ? If we have any amongst us, there are fifty in England 
to one here. Must the English constitution, then, so far as it re- 
lates to the House of Lords, be altered, because they do not do 
that, which, bylaw, they cannot do; and, which, if they did, 
would be an infraction of the constitutional rights of Englishmen. 
If such publications have taken place here, and no notice has 
been taken of them, where doth the fault lie ? Surely in him who 
acts for the King, as his Attorney, in his not drawing indictments, 
summoning witnesses in support of the same, and then laying the 
whole before the Grand Jury ; and, if he hath not done it, the 
fault is not in the Council, unless they had endeavored to prevent 
it, which is very far from being the case, as will presently be 
shown. It is very surprising, that administration should think so 
highly of the few disorders amongst us, when the provocations from 
themselves have been the sole cause of all. For us to be deprived 
of our rights, liberties, and privileges, purchased and defended by 
our ancestors, at the expense of so much treasure and blood, (and 
not by the Crown,) purchased by them, and granted to them, as 
an inheritance; and, in the struggle for the preservation of them, 
if the people should have gone a little too far, ought there not to 
have been an allowance made ? Surely, they ought never to be 
magnified ; nor could they so by any, but those " who strain at a 
gnat and swallow a camel ;" who seek nothing so much, as the 
destruction of an injured, abused province, at all adventures. As 
to the Council being disposed to adopt these principles, and. 
countenance such illegal proceedings, evidently manifested in 
their backwardness to join with the Governor, in such measures 
as were necessary to lestrain and suppress them, there is nothing, 
that was ever invented, more groundless. After his Honor the 
Lieutenant Governor, the Secretary, Judge Trowbridge, and othei* 
very respectable gentlemen, were left out of the Council, Gover- 
nor Bernard apprehended, that there was no duty, no loyalty left 
at the Council Board, and gave the prerogative up as lost ; and 
this he often declared : We say, that after this, there was a 
message to both Houses, from the Governor, relative to a libel 
against him, published in one of the Boston newspapers. The 
House took it up of themselves ; the mobhish Board, as he had 
represented them, chose a committee to take the message into 
consideration. The committee reported, which was unanimously 
accepted by the Council, and presented by the Board to the Gov- 
ernor, as their answer to his message. He was extremely pleased, 
and passed the highest panegyric upon the Council that could be 



S76 MASSACHUSETTS STATE PAPERS. 

passed ; assuring them, that he would write to the Secretary of 
State, that he might acquaint his Majesty with the loyalty, duty, 
and fidelity of his Council of the Massachusetts Bay ; and, if he 
was as good as his word, he did it ; and his letter can be pro- 
duced. What he said of the Council then, was strictly true ; for, 
words could not express greater abhorrence of the libel, than that 
answer conveyed. Could a Council, which he is so fond of hav- 
ing now, have done more than they then did ? 

Again, can this charge on the Council be true, when he never 
once desired a proclamation might issue, with advice of Council, 
with, or without a reward, just as he was pleased to draw it, but 
what the Council advised to it. In many cases, this was done 
immediately upon his hearing the story ; and, if it was so far 
against the province, as, that he could improve it to their preju- 
dice, he never wanted faith to believe ; for, immediately a Coun- 
cil was called, and advice moved for, tliat a proclamation might 
issue, and, in many instances, that the Attorney General should 
be directed to prosecute, and never once denied The Council, 
in short, were so desirous that his Majesty's honor and preroga- 
tive might be preserved, and so afraid that he should take excep- 
tions at the conduct of the Council, that, in sundry instances, 
they went full far enough, when they advised to issue proclama- 
tions, and, at the same time, the matter complained of, was 
scarcely worthy the notice of a single Justice of the Peace ; and, 
once or twice, when he obtained the advice of I'ouncil, no pro- 
clamation issued. In these cases., we suppose, he did not think 
we should have advised to a proclamation ; but, then he intended 
our refusal as a charge against the Council. 

During his administration, there were proclamations issued, with 
advice of Council ; and yet, it is determined by the Lords of 
Council, that the Massachusetts Council is backward to join the 
Governor, in measures to prevent disorders ; nay, adopt those 
principles, and use measures to countenance them further. Had 
there been any Justices of the Peace, who Governor Bernard 
thought failed in their duty, why did he not summon a general 
Council, and ask their advice to remove them.^ This, he never 
did. It was, therefore, time enough for him, or any one else, to 
assert these as facts, when we had refused ; which, we repeat, the 
Council never did. 

And, since the absence of Governor Bernard, how many procla- 
mations have been issued } Particularly, upon Mr. Hulton's, one 
of the commissioners of the customs, complaint; or rather, on the 
Council's first hearing, that a trespass was committed upon his 
house, in a country town, about four miles from Boston, in the 
night, when he and his family were a bed in it ; though, at the 
same time, the Council had no reason to think, there were twenty 
persons present, when the trespass was committed, or, that it 
would have been committed at all, had he been in Boston. The 



MASSACHUSETTS STATE PAPERS. 277 

Council are unanimously of opinion, that the greater part of the 
town of Boston, that all the influential, leading men in it, were 
anxiously concerned to preserve the commissioners' persons from 
any insult or abuse, and their property, from the appearance of a 
trespass. Naj"^, we do not tiiink the people of tlie town wei*e dis- 
posed to injure their persons or property ; but that, on the con- 
trary, they Avould have been in perfect safety in Boston, had they 
continued there. We persuade ourselves, that the Lieutenant 
Governor will do the Council justice, touching these things of 
this nature, which have taken place during his administration. 
Our surprise, if possible, still rises, when we are charged with 
meeting, and acting as a Council of State, without a summons 
from the Governor, and without his presence, and printing our 
resolutions. We are put to a difficulty to make answer to this, 
as there is no truth, or even shadow of truth, in it. How can we 
prove a negative ? Had there been mention made of any particu- 
lar time and case, it would have eased us of this impossibility. 
We can guess only at this : there was an affair in our Legislative 
capacity, which would have been finished in a few minutes before 
the Governor prorogued the Court, which the Governor well 
knew. He did not, at that time, act, as he and all other Gover- 
nors had done before a recess ; namely, to ask the Council, if they 
had any thing further to do ; but, instead, except by the Secre- 
tary, and one or two others, wlio were near him, ordered the House 
up ; and, the Court was then prorogued, without our completing 
what we were upon, in our Legislative capacity ; and, upon sun- 
dry remonstrances and arguments with the Governor, he permit- 
ted us to finish what we were then upon ; and, after it was fin- 
ished, we published it. We do not see any crime in this, nor 
even in our meeting together, when the Governor has laid a charge 
against the Council, even without his summons and presence. 
The necessity of the thing will justify such a conduct : otherwise, 
the Council of this province are, of all men, the most unhappy; 
more so, than any individual of his Majesty's subjects, in his ex- 
tended dominions ; and yet, we do positively declare, the Council 
never once met, as a Council of State, without his permission. 

Upon the whole, considering that our charter differs from 
most others — they being of grace — ours not so, but for services to 
be done ; and, therefore, in the nature of a deed, where there is a 
valuable consideration paid : The immense sums it cost our an- 
cestors in coming over, and settling an howling wilderness, and 
purchasing the land of the natives ; the many bloody wars they 
and we have been engaged in, all at our own cost, have now made 
it a fruitful field, which has been of such great advantage to Eng- 
land, both by our conquests, our fishery, our trade, and, what of 
the British manufactures have been consumed among us ; so, that 
in every respect, we have exceeded the most sanguine hopes and 
expectations, for the real service of tlie Crown : We infer, that 



278 MASSACHUSETTS STATE PAPERS. 

to deprive us of our charter, or the liberty of choosing Counsel- 
lors, which comes to the same thing, must be contrary to law, 
reason, and common equity. And, we doubt not, of your hearty 
concurrence with us, in using your best endeavors, to prevent the 
evils meditated and threatened ; which, should they take place, 
will work the destruction of those rights, civil and religious, which, 
we think, have been dearly purchased, and never forfeited. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE TWO HOUSES, 
NOVEMBER 2, 1770. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

It appears to me necessar}^, that I should inform you, that 
his Majesty's fifth instruction to the Governor, requires him to 
observe, that, in the passing of all laws, the style of enacting the 
same be, by the Governor, Council, and House of Representatives, 
and no other. This style has been conformed to, except, perhaps, 
in a particular instance or two, for near thirty years, without the 
least inconvenience. 

It may save you tinle, and prevent increase of public charges, 
to let you know, that I cannot, upon any terms, depart from this 
instruction. If I could be made sensible, that it was the least 
damage to the province, I would humbly represent it to his Ma- 
jesty. T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNjOH, 
NOVE]MBER 6, 1770. 

May it please your Honor, 

In your message of the 2d instant, you are pleased to inform 
the two Houses, that " his Majesty's fifth instruction to the Gov- 
ernor, requires him to observe, that, in the passing of all laws, the 
style of enacting the same, be, by the Governor, Council, and 
House of Representatives, and no other." This House have taken 
the importance of the message into their serious consideration. 



MASSACHUSETTS STATE PAPERS. 279 

and are of opinion, that the words, in General Court assembled, 
are not merely words of form, but of substance, and necessary to 
the validity of every act. 

By the royal charter, the Governor and Council are vested 
with some powers severally, and jointly with other powers, of 
acting for certain purposes in their departments, when the Gen- 
eral Court is not sitting ; but, for the purpose of making laws and 
statutes, there is no power given, either to the Governor, Council, 
or House of Representatives, to act, but when they are assembled 
in General Court. No law, therefore, can be valid, unless it be 
enacted by the Governor, Council, and House of Representatives, 
when thus assembled ; and this, we apprehend, must appear from 
the parchment roll, wherein the act is recorded ; otherwise, the 
record itself is not complete, and it will become necessary to 
resort to dehors evidence, to prove a fact essential to the validity 
of the act, which is against the established rule, respecting re- 
cords. We are warranted in this opinion, from the invariable 
use of the same style in all acts of Parliament ; which universally 
contain that express averment, that they were passed by the sev- 
eral branches in Parliament assembled. 

We cannot conceive any reason, why the words should be dis- 
agreeable to his Majesty; for, we must suppose it to be his plea- 
sure, that all acts should pass in such form, as is necessary to 
make them effectual. We find the words, in General Court as- 
sembled, and by the authority of the same, constantly, and inva- 
riably used in the passing of laws, from the beginning of the 
charter until within thirty years past ; if your Honor should con- 
ceive that exception was taken against the latter words only, in 
the clause, you would then conclude, that it was altogether 
through inadvertence, that the instruction was made so large as 
to extend to the former. 

This House considers the words to be of substance, and neces- 
sary ; and, as they cannot but be of opinion, that, upon further 
consideration, they will so appear to your Honor, they hope you 
will think yourself at liberty to admit them, in the passing of the 
bills to be laid before you ; by which means, time may be saved, 
and an increase of public charges prevented. 

[The committee were, Mr. Leonard, S. Adams, J. Adams, Maj. 
Hawley, and Mr. Ingersol.] 



S80 MASSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
NOVEMBER 8, 1770. 

Gentlemen of the House of Representatives, 

In your message to me, of the 6th instant, you have declared 
yourselves of opinion, that the words, " in General Court assem- 
bled," are not merely words of form in our laws, but of substance, 
and necessary to the validity of every act. Had your opinion 
been well founded, I should have thouj^ht it surprising, as well as 
unfortunate, that such a discovery should, for thirty years toge- 
ther, have escaped the Members of the several General Assem- 
blies, all the gentlemen of the law concerned in our Executive 
Courts, and all the inhabitants of the province in general. But, it 
appears to me, that there is not the least foundation for your opin- 
ion. The style of a law, which expresses the Governor, Council, 
and House of Representatives, expresses that authority, which, 
by charter, hath the power to make laws ; and the same reason 
which you urge for adding the words, " in General Court assem- 
bled," will hold as well, for further adding, " by the King's 
writ ;" " under the province seal ;" " signed by the Governor j" 
" issued thirty days before the convening ;" together with all the 
other requisites for forming a constitutional General Court ; for, 
in all these cases, if the facts do not appear upon the roll, it may 
be necessary to make use of dehors evidence, as in the case, when 
the words, " in General Court assembled," are not inserted. But, 
I am of opinion, this sort of evidence never was, and, probably, 
never will, be necessary in either case. 

You will not be able to support your assertion, that acts of 
Parliament universally contain this express averment, that they 
were passed by the several branches in Parliament assembled. 
Many ancient statutes, without this clause, are equally in force 
with modern statutes, which have the clause ; and modern acts of 
this province, without the clause, you contend for, are equally in 
force with ancient acts which have that clause. 

I am not accjuainted with the special reason, which induced his 
Majesty to restrain the Governor from consenting to an act with 
this clause in it. Perhaps, it was merely because it was unne- 
cessary and redundant. Be it as it may, I cannot depart from 
my instructions, nor make my humble application that it may be 
withdrawn, unless I could see that it is an abridgement of your 
rights, or tended to subject the province to inconvenience. 

1 cannot help, as you have given me occasion for it, putting you 
in mind, that you are now in the seventh week of the session, and 
that scarce any of the public business is yet completed. I doubt 



MASSACHUSETTS STATE PAPERS. 281 

not, the House in general, wish to return to their private affairs ; 
and, I have reason to think your constituents, in all parts of the 
province, wish to see all obstructions to your giving greater des- 
patch, removed. I must, therefore, repeat my recommendations 
to you, that, in concurrence with the Council, who, I am very 
sure, are disposed to do their part, you will prepare the business, 
now before the Court, to be laid before me, that the session may 
be brought to an end, as soon as possible. 

T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEtJTENANT 
GOVERNOR, NOVEMBER 15, 1770. 

May it please your Honor, 

We have maturely considered your message to this House, 
of the 8th instant ; and, we cannot but observe, with great con- 
cern, that, by virtue of instructions to the King's Governor of the 
province, we are reduced to the necessity of passing laws, in such 
form, as to render them, in our opinion, ineffectual. The words, 
in General Court assembled, we still consider to be so substantial, 
that we are as much surprized, as your Honor suggests you should 
be, if you apprehended our opinion was well founded, that such a 
discovery should, during thirty years together, have escaped the 
Members of the several General Assemblies, &c. 

Your Honor is pleased to say, " it appears to you, there is not 
the least foundation for our opinion ;" and, in another place, that 
" you are of opinion, that this sort of evidence never was, and 
never will, be necessary in either case." How far these opinions, 
thus precisely given, considering your Honor's high rank in the 
law, ought to be an authority to us, must be left to the world to 
judge ; but, if that authority should not be deemed of weight 
enough, absolutely to decide the question, this House is of opin- 
ion, that the decision of impartial judges will not be in favor of 
the sufficiency of the late style used in enacting our laws. 

The House think it surprizing and unfortunate, that your Honor 
should assert, that " the style of a law, which expresses the Gov- 
ernor, Council, and House of Representatives, expresses that au- 
thority, which, by charter, hath power to make laws." In order 
to show, whether this assertion is true or not, we beg leave to 
adduce the words of the charter. They are these, viz.: "We 
will, and by these presents, for us, our heirs, and successors, do 
ordain and grant, that there shall, and mav be convened, held, and 
36 



^ 



282 MASSACHUSETTS STATE PAPERS. 

kept by the Governor, for the time being, upon every last Wednes- 
day in the month of May, every year, forever ; and at all such 
other times, as the Governor of our said province, shall think fit 
and appoint, a great and General Court or Assembly ; which said 
great and General Court or Assembly, shall consist of the Gover- 
nor and Council, or assistants, for the time being, and of such 
freeholders of our said province, or territory, as shall be, from 
time to time, elected, or deputed, by the major part of the free- 
holders, and other inhabitants of the respective towns or places, 
who shall be present at such elections, &c. ; to which great and 
General Court or Assembly, to be held as aforesaid, we do hereby 
for us, our heirs, &c. give and grant full power and authority, 
from time to time, to direct, appoint, and declare, &c." And, 
afterwards, we find the same great and General Court or Assem- 
bly empowered in the following words, viz. : " and we do, of 
our further grace, &c. grant, establish, and ordain, for us, our 
heirs, and successors, that the great and General Court or Assem- 
bly of our said province, or territory, being convened as aforesaid, 
shall forever have full power and authority to erect and consti- 
tute judicatures and courts of records, or other courts," &c. 
And, afterwards, the Governor, and the great and Geneial Court 
or Assembly, are empowered in the following words, viz. : " and 
we do further, for us, our heirs, and successors, give, and grant 
to the said Governor, and the great and General Court or Assem- 
bly of our said province, or territory, for the time being, full 
power and authority, from time to time, to make, ordain, and es- 
tablish all manner of wholesome and reasonable orders, laws, sta- 
tutes and ordinances," &c. 

From whence it is certain and obvious, that the style of a law, 
which expresses the Governor, Council, and House of Representa- 
tives, does not express that authority, which, by charter, hath 
power to make laws ; because, the Governor, Council, and House 
of Representatives, have no authority to make laws by charter, 
unless they are convened and held in General Court or Assem- 
bly. And, we may venture to submit to your own consideration, 
whether an act of the Governor, Council, and House of Represent- 
atives, would be valid, which should be passed by each of those 
branches, not in General Court assembled ? Should a bill pass 
this House, and be sent up to the Board in the present session, 
and, after a prorogation of the General Court, be concurred by the 
Council, and consented to by the Governor, can there be the least 
foundation, or an opinion, that such bill could become a law ? 

The House is astonished to hear your Honor say, that " the 
same I'eason which we urge for adding the words, in General 
Court assembled, will hold as well, for further adding, by the 
King's writ; under the province seal ; signed by the Governor ; 
issued thirty days before the convening ; together with all the 
other requisites for forming a constitutional General Court ;" be- 



MASSACHUSETTS STATE PAPERS. 283 

cause, although the words. Governor, Council, and House of Re- 
presentatives, only imply the King's writ, under the province seal, 
signed by the Governor, and issued thirty days before the con- 
vening, yet, it does not im|)ly all the other requisites for forming 
a constitutional General Court ; whereas, the Governor. Council, 
and House of Representatives, in General Court assembled, ne- 
cessarily imply all these, and every other requisite; and, there- 
fore, these appearing on the record, there can be no necessity of 
recurring to so great an absurdity, as evidence dehors, in support 
of a record of the highest nature. You have not denied, that it is 
a known and approved maxim of the law, that every record must 
prove itself without any dehors evidence ; nor that an act of Par- 
liament, or law of this province, is not a record of the highest 
nature; yet, you have given it as your opinion, that dehors evi- 
dence never was, and, probably, never will be necessary in either 
case ; which seems to imply, that, if in any case it should be 
necessary, it may be admitted, or else, that every thing which is 
necessary, does appear upon the face of a law, without these 
words, in General Court assembled, notwithstanding the constant 
practice of Parliament, for more than five centuries, has been, to 
use equivalent words, which must, upon your principles, be per- 
fectly unnecessary, redundant and nugatory. 

Your Honor is pleased to say, we shall not be able to support 
our assertion, " that acts of Parliament universally contain the 
express averment, that they are passed by the several branches in 
Parliament assembled ;" and, that " many ancient statutes, with- 
out this clause, are equally in force with modern statutes, which 
have the clause." How far our assertion can, or cannot be sup- 
ported, we appeal to the statutes at large, to determine ; and, we 
may venture to advance, that from the time of King Edward the 
First, under whose reign the present form of the Legislature took 
place, and the two Houses of Parliament were separated from 
each other, which is now five hundred years, to this day, there is 
scarcely a single statute without such an express averment. And, 
indeed, other expressions equivalent to such an averment, are 
used in almost all the statutes, that are more ancient than the 
reign of Edward the First. For example, in the statute of Mer- 
ton. which was in the twentieth year of King Henry the Third, 
A.D. 1235, we find this averment, " it was provided in the court 
of our Lord, the King, holden at Merton,on Wednes<lay, &c. the 
twentieth year of the reign of King Henry, &c. before William, 
Archbishop of Canterbury, and others, his Bishops and suftragans, 
and before the greater part of the Earls and Barons of England, 
there being assembled, for the coronation of the said King, and 
Hellianor, the Queen, about which they were called, when it was 
treated for the commonwealth of the realm, upon the articles un- 
derwritten ; thus, it was provided and granted, as well of the 
aforesaid Archbishop, Bishops, Earls, and Barons, as of the King 



^JS'k MASSACHUSETTS STATE PAPERS. 

himself, and others." And, in the statute of Marlbridge, which 
was in the fifty-second year of King Henry the Third, A.D. 1267, 
the averment is in these words : " the said King our Lord, provid- 
ing for the better estate of his realm of England, and for the more 
speedy ministration of justice, as belongtjth to the office of a King, 
the more discreet men of the realm being called together, as well 
of the higher, as of the lower estate, it was provided, agreed, and 
ordained," &c. 

It is true, that Magna Charta, and Charta de Foresta, which 
have not such an express averment, are sometimes called statutes ; 
but these are not only the most ancient monuments which are 
ever called statutes, and were made before any division of the 
Lords from the Commons; but they were originally intended to 
be charters, and were accordingly drawn in the form of charters, 
and executed under the seals of the Princes who gave them, and 
are considered, pleaded, and judged on, as we believe are all 
others which have not such an express averment, as parts of the 
common law, rather than as acts of Parliament. So that we are 
still of opinion, that there is no statute now in force, that is plead- 
able as an act of Parliament, which has not in it such an aver- 
ment. Many ancient institutions are still in force; as rules of 
common law, which are not pleadable as acts of Parliament. 
"When your Honor says, that modern acts of this province, without 
the clause we contend for, are equally in force with ancient acts, 
which have that clause, it is a manifest petition of the principle 
disputed between your Honor and the House, which the House 
can by no means allow. 

You are pleased to inform us, that " you are not acquainted 
with the special reason which induced his Majesty to restrain the 
Governor from consenting to an act with this clause in it ;" where 
then is the freedom of the Governor of the province, if he is to 
govern twenty -eight years together, by positive instructions from 
other persons, at three thousand miles distance, without being- 
able, in all that time, to discover any reasons for them ? The rea- 
sons which induced his Majesty's Ministers to dictate this instruc- 
tion, and which induce Governors to be so fond of them, we fear, 
are very dilFerent from those suggested by your Honor ; if the 
words are unnecessary and redundant, why does his Majesty con- 
sent to them in so many instances, every session of Parliament? 
The true reason, we fear, is to reduce this province to the footing 
of little corporations in England, and, by degrees, to pare away, 
not only the appearance, but the substance of all authority, in the 
great and General Court of the province. 

Upon the whole, it gives us great and just concern to find your 
Honor, not only determined, so scrupulously to adhere, even to 
the letter of this instruction, but declaring in your message, youi 
present resolution not to make your humble application to his Ma- 
jesty to withdraw it; so that the General Assembly is reduced to 



MASSACHUSETTS STATE PAPERS. 285 

the hard alternative, either to forbear attempting to make any 
laws at all, however urgent the exigencies of the province may be, 
or to pass them in such an inartificial and barbarous style, that 
they may hereafter be drawn into question as insufficient, invalid, 
and void. For what reasonable assurance can we have, that some 
future corrupt administration, to effect some despotic measure, 
and to injure and destroy this province, may not move this excep- 
tion to a multitude of our laws, that they are enacted in such a style, 
as tliat, from the face of them, compared with the charter, they ap- 
pear to be invalid and void, and instruct the Governor not to consent 
to any law, to cure such defect and imperfection. Should such 
an exception be taken advantage of, by pleadings in our courts of 
law, how could even independent judges adjudge such laws, not 
conformable to the charter, to be valid ? And, if independent 
judges could not, what is to be expected from judges, whose com- 
missions shall be during pleasure, when they shall know it to be 
the desire of administration here and at home, that such acts 
should be adjudged void. 

Your Honor has taken occasion to put us in mind, in your mes- 
sage, that we were in the seventh week of the session, and that 
scarce any of the public business was then completed. Of this, 
we are very sensible, and have long wished to return to our pri- 
vate affairs. Had your Honor considered that the General As- 
sembly has been, for these two years past, so interrupted by the 
chair, either by dissolutions or long prorogations, that they have 
had little or no time to advert to the internal concerns of the pro- 
vince, and so are, on that account, greatly in ai-rears, perhaps 
you would have spared this observation. We are, however, ac- 
countable to none but our constituents, for the times we spend in 
doing the part of the public business, which they have chosen us 
to transact; the great inconvenience of our sitting in this place, 
hath been the principal reason why the business has been so much 
retarded ; the difficulty would have been, in some degree, less, if 
your Honor had been pleased to have taken your residence, where 
you had ordered the General Assembly to be held and kept. If 
your Honor is to judge, and not the Council and the House, with 
how much deliberation the importance of every case, relative to 
the general interest of the people, ought to be consulted, we pray 
your Honor to consider of what importance your promise was to 
both Houses, in your speech of the 25th of July last, that you 
would patiently wait the result of their debates, and give them no 
interruption therein. We doubt not but our constituents wish, as 
we do, to see all obstructions to our giving greater despatch, re- 
moved for the future ; and, we believe, they are all sensible, that 
this in a great measure depends upon your Honor ; we therefore 
repeat our earnest request, that you would be pleased to order 
the next session of this Assembly to be held at its ancient and 
estahiislied place, the Town House, in Boston, where the remain- 



.286 MASSACHUSETTS STATE TAPERS. 

ing part of the business of this year, may be completed with much 
greater despatch, and to better effect. 

[Committee to present this, Mr. J. Adams, Maj. Hawley, Capt. 
Thayer, Mr. Porter, and Mr. Gardner.] 



RESOLUTIONS 

OF THE HOUSE OF REPRESENTATIVES, NOVEMBER 16, 1770. 

"Whereas his Honor the Lieutenant Governor of the province 
was pleased, by his Majesty's writ, to summon this great and Gen- 
eral Court to meet at Harvard College, in Cambridge, on the last 
Wednesday in May last, and has never assigned any reason there- 
for, but that he was instructed by his Majesty so to do : 

And, whereas this House did, at the then session, remonstrate 
to liis Honor against the holding the said General Assembly out 
of tke town of Boston ; and, did also come into a resolution, " that 
notwithstanding there were matters of very great importance ly- 
ing before the Assembly, which they were very desirous of enter- 
ing upon and completing ; nevertheless, it was by no means ex- 
pedient to proceed to business, while the General Assembly was 
thus constrained to hold the session out of the town of Boston ;" 
and did, thereupon, pray his Honor the Lieutenant Governor to 
remove the General Assembly to its ancient and usual seat, the 
Town House, in Boston : 

And, whereas this House did afterwards resolve to adhere to the 
Slid former resolution ; the reasons of which resolution, and the 
vote for adhering to the same, are set forth in the report of one 
committee of the House, made on the 6tli, and of another com- 
mittee, made on the 12th of June last : 

And, whereas his Honor the Lieutenant Governor did, in his 
speech, at the next session of the General Assembly, on the 25th 
of July last, strongly recommend to the House to proceed to the 
public business ; and, besides a repetition of much that he had be- 
fore urged, was pleased to suggest, that, by the compact implied 
in accepting the charter, the General Assembly was obliged to do 
business wherever it should be convened ; to which the House 
returned a full answer, in their message of the 31st of July; 
wherein, among other things, they say, that being thus convened, 
they were the sole judges of the proper time to do their part of the 
business of the province ; and, that his Honor might as well, ac- 
cording to the Tresilian doctrine, prescribe to them what particu- 
lar business they should do, and in what order, as control them in 
this point : 



MASSACHUSETTS STATE PAPERS. 287 

Resolved, That notwithstanding the great variety of arguments 
with which his Honor has labored the point, in his several speeches 
and messages, yet, it is clearly the opinion of the House, that 
they were within the bounds of the constitution, and fully sup- 
ported and vindicated : 

Nevertheless, inasmuch as his Honor the Lieutenant Governor, 
in his speech to both Houses, at the opening of the present session, 
was pleased to say, that there were matters of a very interesting 
nature to the province, which might be determined before we 
might have another opportunity of acting upon them : 

And, in his message to this House, of the 4th of October, he was 
pleased further to say, that the state of this province would be 
laid before the Parliament at the ensuing session : ^ 

And, from credible intelligence from Great Britain, there" is 
reason to apprehend, that administration are determined t) have 
great alterations made in our valuable charter, if not wholly to 
vacate it ; and, at the same time, we had no agent to appear for us 
at the Court of Great Britain : 

And, whereas it appeared to this House, that it was of he ut- 
most importance to the province, to make inquiry into the ;auses 
of the public grievances, and seek a radical redress ; and. pirticu- 
larly to be informed of the reasons of the garrison, at his Majesty's 
Castle William, in the pay of the province, being, since tie last 
session, in a new and unprecedented manner, withdrawn, aid the 
fortress surrendered to his Majesty's regular forces : For these, 
and other most weighty considerations, the House did, at tie be- 
ginning of this session, resolve to proceed to the public busiiess ; 
at the same time, in the strongest manner, remonstrating, and 
hereby ordering their protest to be entered on their journal, that 
they were constrained to proceed to business out of the town of 
Boston, from the most pressing necessity ; and, that it ought r.ever 
to be drawn into precedent, but under the like necessity. 

[Committee were, Mr. Wood, Mr. Hancock, Gen. PrebbiejMr. 
S. Adams, and Maj. Reed.J 



MESSAGE 

EROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT 
GOVERNOR, NOVEMBER 20, 1770. 

May it please your Honor, 

In your message to this House, of the 23d of October,in answer 
to_ our repeated request, to be informed, whether you still hold the 
command of his Majesty's Castle William, you were pleased to say, 



288 MASSACHUSETTS STATE PAPERS. 

" that in withdrawing the garrison, which was paid by the province^ 
and placing a garrison there, to be paid by the King, in pursuance 
of instructions received from him, we had no grounds to infer, that 
you had divested yourself of the right given you, by charter, over 
that fort, in common with other forts in the province." Since 
which, we find, by the tenor of the orders given to Capt. Phillips, 
under your own hand, on the tenth day of September last, that you 
expressly directed him " to deliver the possession of that fort to 
Lieut. Col. Dalrymple, and to such detachment of the regular 
forces then on the island, as he should order;" which was done 
accordingly. 

And, we also find, by the deposition of Mr. Stephen Hall, late 
chaplain of the garrison, whom your Honor directed to attend you, 
that afterwards, on the same day, being then at the Castle, your 
Honor personally delivered the keys of that fort to Lieut. Col. 
Dalrymple, as commanding officer; declaring that you did it, by 
"virtue of authority derived from his Majesty to govern this pro- 
vince, and, in consequence of express orders from the Earl of 
Hillsborough, to deliver the fort into the hands of the command- 
ing officer of the King's troops then upon the island, to be garri- 
soned by such detachment, or detachments, as he should order." 
Yet, ydu are pleased, in the same message, to say, " the author- 
ity giren you over the Castle by his Majesty's commission, you 
have eicercised, and continue to exercise, without any infringement 
of the rights of the people by charter, or otherwise." 

W( consider all the powers and authority, given by the charter 
to the Governor of the province, to be grants for the benefit of the 
peopb, which cannot be resigned without injury to them. By the 
chart;r, the Governor, or Commander in Chief of the province, 
for the time being, hath the right to commit the custody and gov- 
ernnent of all forts within the province, to such person or per- 
sons as to him shall seem meet. But your Honor has manifestly 
partid with that right, by vesting in Lieut. Col. Dalrymple, with- 
out any reservation, the right to commit the custody and govern- 
ment of Castle William to such person or persons, as to him shall 
seem meet. From which, it appears to this House, that you have 
made an absolute surrender of that fort to his Majesty's forces, 
with the most express resignation of your power of garrisoning the 
same, to Lieut. Col. Dalrymple. And though your Honor declar- 
ed 30U did it by virtue of authority derived from his Majesty, to 
govern the province, yet you have no authority, either by the char- 
ter, or your commission, to delegate the power of garrisoning that 
Castle to any other person : the shew of the authority of the Gover- 
nor, then held up, served only to make the surrender the more so- 
lemn and formal. 

We further find, that Lieut. Col. Dalrymple accepted the keys 
of your Honor, expressly in consequence of orders from Gen. 
Gage, cautiously avoiding, as we conceive, recognizing any subor- 



MASSACHUSETTS STATE PAPERS. 289 

dination to your Honor; and, as you have heretofore repeatedly 
declared, to our great astonishment, that you have no authority 
over the King's troops in the province, we have good grounds to 
infer, that you did divest yourself of the right given you by char- 
ter, over that fort ; and the rather, because you informed us in 
your speech, at the opening of this session, that " you were pre- 
vented from desiring us to make the usual establishment for the 
same." And it is absurd to suppose, that you can have the com- 
mand of a fort thus unreservedly surrendered to, and in full pos- 
session of such troops. 

It appears to the House, that your Honor has, in this instance, 
merely in obedience to instructions, divested yourself of a power 
of governing, which, by the charter, is vested in you for. the safety 
of the people ; and, that it is a precedent of the most dangerous 
tendency. We do, therefore, in faithfulness to our constituents, 
warmly remonstrate against it as a very great grievance ; and earn- 
estly pray, that your Honor would, in tenderness to the rights of 
this people, take effectual measures, that the power of garrisoning 
his Majesty's Castle William, may be restored to the Governor of 
the province, to whom, by charter, it belongs. 

[The committee, by whom this message was reported, consisted 
of S. Adams, Maj. Hawley, J. Adams, J. Hancock^ Col. Worth- 
ington, J. Pickering, and Col. Warren.J 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNOI^, 
NOVEMBER 20, 1770. 

May it please your Honor, 

The House of Representatives have heretofore viewed with 
concern, the deplorable state of the militia of this province ; but, 
have hitherto refrained from any public mention of it, lest some 
misconstruction should be put upon it. But, by the last advices 
from Great Britain, the nations of Europe appear to be on the eve 
of a general war ; and, perhaps, America may be the object in the 
eye of some of those nations. And, when some of the regiments 
within this province are destitute of field officers, and many com- 
panies without captains or subalterns, the arms of th^ militia, we 
fear, are deficient, and military discipline too much neglected. 

Duty to his Majesty, and a regard to our own safety, constrain 

us to address your Honor, praying, that you would be pleased, as 

soon as may be, to fill up the vacancies in the several regiments, 

where such vacancies are, with such persons, as to vour Honor 

37 



290 MASSACHUSETTS STATE PAPERS, 

shall seem meet ; and, that your Honor would be pleased to use 
your endeavors, that the several officers carefully discharge the 
trust reposed in them ; and, should any amendments in, or addi- 
tion to the laws, for regulating the militia of this province, be 
thought needful at the next session of the General Court, the 
House of Representatives will cheerfully do all in their power, 
towards putting the militia on a respectable footing. 

[The committee were, Mr. S. Adams, Capt. Heath, Mr. Porter, 
Capt. Brown, and Mr. Dennie.] 



MESSAGE 

JtROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES^ 
NOVEMBER 20, 1770. 

Gentlemen of the House of Representatives, 

On the 7th of this month I received a message from you, in 
which you informed me, that it was your opinion, a law without 
the words, in General Court assembled, in the enacting part, is 
not valid, and you offered several resolutions in support of your 
opinion. The next day I sent you an answer, in which I let you 
know my opinion, that a law, without those words in the enacting 
part, is valid, and I gave you several reasons to support this opin- 
ion. You thereupon sent for all the bills which lay before the 
Council, caused those words to be taken out, and you have since 
passed those bills, and divers others, to most of which I have 
given my assent, without the words- I had reason to think, that 
the majority of the House was convinced that the words were 
unnecessary, and, I expected, that I should hear nothing further 
upon the subject. I went to Cambridge on Saturday, the 17th, 
with an intention to prorogue the Court. Your committee soon 
attended me with another very long message, in which you again 
declare your opinion, that those words are necessary, and that 
impartial judges will not be in favor of the sufficiency of the late 
style used in enacting our laws. 

I think your constituents will be surprised at your passing so 
great a number of laws, and declaring, immediately after, that you 
judge them all to be of no validity, which is doing all in your 
power, as a House of Representatives, to induce a refusal to sub- 
mit not to them only, but to all other laws which hav6 been made 
for near thirty years past. If I had been of opinion that those 
words are essential, I would either have refused my assent to the 
bills, lest a greater mischief should arise from defective laws, than 
fyom the want of them ; or, if I had given my assent, I would cer- 



MASSACHUSETTS STATE PAPERS. 291 

tainly have done nothing which should prompt the people to deny 
the authority of them. To prevent this mischief, I am obliged to 
continue a controversy, which I wished to avoid, and to show that 
your last message does not better support your principle, than the 
former did. Previous to it, I will just observe, that I gave you no 
occasion to insinuate that I supposed my opinion would be an au- 
thority. You had expressed yourselves, in your message to me, in 
these words : " this House are of opinion," and, I did not ima- 
gine it would be deemed arrogance in me, to say, " I am of opin- 
ion" also ; which opinion carries the greatest, or whether either 
carries any authority, I have not determined. 

You say, you think it surprising and unfortunate that I should 
assert, that " the style of a law which expresses the Governor, 
Council, and House of Representatives, expresses that authority, 
which, by charter, hath power to make laws ;" and you then re- 
cite divers paragraphs from the charter, and declare it to be " cer- 
tain and obvious," that those words do not express that power, 
" because, unless the Governor, Council, and House of Repre- 
sentatives are convened and held in General Court or Assembly, 
they have no authority, by charter, to make laws ;" and you ven- 
ture to submit to my own consideration, whether an act of the 
Governor, Council, and House of Representatives, would be valid, 
if passed by each of those branches not in General Court assem- 
bled, and add, " should a bill pass the House, and be sent up to 
the Board, in the present session, and, after a prorogation of the 
General Court, be concurred by the Council, and consented to by 
the Governor, can there be the least foundation for an opinion 
that such a bill could become a law ?" 

You must give me leave, gentlemen, to be astonished in my 
turn ! You certainly have not thorougldy considered your own 
powers, and the nature of your political existence, otherwise, you 
must have discovered that there can be no act of the Governor, 
Council, and House of Representatives, except in General Court 
assembled. The words, " House of Representatives," in our 
laws, are technical, and used in an appropriated sense, and signify 
a body of men, who are an essential part of the General Court or 
Assembly, and which part can have no separate existence ; and, 
the instant the General Court or Assembly is dissolved, the House 
of Representatives is annihilated ; and, the instant the General 
Court is prorogued, there is a temporary cessation of the existence 
of the House, or, what is equivalent to it, an incapacity of exer- 
tion of any sort of powers ; and by all rules of Parliamentary pro- 
ceedings, all your committees and delegated powers of every kind, 
end with the session ; and every act of the House, not made a 
complete act of the Legislature, by the concurrence of the other 
branches, becomes a nullity, and is considered as if it had never 
been. The orders and resolves of the House of Commons for im- 
prisonment for the highest contempt, as soon as the Parliament is 



292 MASSACHUSETTS STATE PAPERS. 

prorogued, lose their efficacy, and tlie ofiender is discharged. I 
know not any color you can have for greater authority within the 
prevince, than the House of Commons liath within the realm. If 
this be admitted, you may just as well suppose the Governor and 
Council to concur an act of a House of Representatives, which 
never existed, which is a palpable absurdity, as an act of a House 
after it ceases to exist, after every thing done, while it had an 
existence, is become a nullity. Seeing, then, that it is impossible 
for the Governor and Council to concur an act of the House of 
Representatives, after their union in General Court or Assembly 
ceases, and that the House of Representatives can have no exist- 
ence, but as a part of the General Assembly ; whenever the Gov- 
ernor and Council are named, as acting with the House of Repre- 
sentatives, it must be understood in their joint Legislative capa- 
city ; and, consequently, every act of the Governor, Council, and 
House of Representatives, must be an act of the Governor, Coun- 
cil, and House of Representatives " in General Court assembled." 

It would be easy to show, that all you have brought from the 
statutes, will not disprove what I advanced, viz. : that many an- 
cient statutes are in force without the express averment you al- 
lege ; and, I think it may likewise be made to appear, that the 
word " Commons" in acts of Parliament, are not analogous to the 
word " House of Representatives" in our provincial laws; and 
that, if it could be admitted, that additional words, or another 
mode of diction, would be more full and expressive, the use of a 
less expressive form of words, for near thirty years, without inter- 
ruption, would, notwithstanding, be sufficient to establish the form, 
to give it a technical propriety, and to render all exceptions to 
it mere cavils. 

I am sorry any time has been lost in a matter of so little con- 
sequence ; because, I am not able to acquaint you with the " spe- 
cial" reason which induced the King to give his instruction, although 
I had let you know what I thought myself might be a sufficient 
reason ; you charge, not me only, but all my predecessors, for 
twenty-eight years past, with governing, by positive orders from 
other persons, at three thousand miles distance, without being 
able to discover " any" reason for them ; and, in your next para- 
graph, you express your concern, that I am determined so scrupu- 
lously to adhere to the letter of my instruction, as not to make my 
humble application to his Majesty to Avithdraw it ; but you take no 
notice of the reason I give you, viz. : because it did not appear to 
me to abridge you of any of your rights, or to subject the province 
to any inconvenience. This is not the first time I have had occa- 
sion to complain of a partial and injurious representation of my 
messages, in order to give a more specious answer to them. 

You had no reason to be displeased at my putting you in mind 
of the length of the sessioii, for although you may be accountable 
to your constituents only, for the time you spend in doing the 



MASSACHUSETTS STATE PAPERS. 293 

public business, 3'ou ought, nevertheless, to remember, that wlieii 
much time is spent, and no business is done, my duty to your con- 
stituents requires that I should ease them of the burdi^n you bring 
upon them, and put an end to the session, unless I can prevail 
with you to alter your measures and proceed to business. Of the 
thirteen weeks which the Court has sat since May, more than 
seven had passed before you entered upon business, so that the 
unusual length of your session cannot be attributed to former dis- 
solutions or prorogations, especially, as the Court had time enough 
to have made up all arrears in the last spring session, nor have you 
been at all delayed by my not residing at Cambridge ; the first day 
of the present session, I was prevented by tempestuous weather, 
but had I been present, I did not intend to have opened the Court 
until the next day. 

Whether it was owing to my message, or to any other special 
motive, [ cannot determine, but, immediately after, you discover- 
ed a resolution, and I tliank you for it, to resist and remove all 
the unnecessary obstructions, which, from time to time, had been 
laid in your way ; and you have done more business, notwith- 
standing all the alleged inconveniencies from the place of hold- 
ing the Court, than I remember to have been done in the like space 
of time, since I have had any share in public attairs. 

This morning your committee attended me with another mes- 
sage or remonstrance, relative to the exchange of the garrison at 
the Castle, to which I shall give no other answer, than that there 
is nothing in the orders I gave to Capt. Phillips, which does not 
perfectly consist with my rfetaining the command of the Castle, 
and my right to exchange the present garrison for the former, or 
any other, as I shall think proper; and, that Mr. Hall, the Chap- 
lain, has not only not given you the form of words in which I com- 
mitted the custody of the Castle, " according to the charter," to 
Col. Dalrymple, but has substituted words which carry a very 
different meaning ; he has, how ever, with great modesty, declared, 
that he was not able to recollect the words, and could only recol- 
lect the impression they made upon his mind ; and this reserve of 
his, not serving your purpose, you have industriously taken care 
to omit ; and, I must further add, that the formality of delivering 
the keys has been the constant practice, when the Governor has 
committed the custody and government of that fort to any person, 
at three or four instances of which I have been present ; and when- 
ever he calls for them again, such person must deliver them. 

Your other message, which respects the militia, is of great im- 
portance, and shall meet with all due attention ; and I hope you 
will join with me in further effectual provision to enforce that 
due obedience to the orders of the Captain General, and of the 
military officers under him, which is absolutely necessary to ren- 
der the militia of any service ; which ordei'S, in some late instances, 
have been disobeyed. 



294 MASSACHUSETTS STATE PAPERS. 

Upon the whole, gentlemen, I should tlo myself injustice, if I 
did not observe, that it gives me great satisfaction to reflect, that 
when jou are, by every way in your power, seeking to impeach 
my conduct since I have been in the. chair, you have been unsuc- 
cessful in every attempt. You will always endeavor in vain, to 
move me to give up to you any part of the prerogative of the 
Crown ; I never will make any encroachment upon the right*- of 
the people. T. HUTCHINSON. 



MESSAGE 

FEOM HIS EXCELLENCY THE GOVERNOR TO THE TWO HOUSES, 
APRIL 3, 1771. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

Since we were last assembled in General Court, the tranquil- 
lity of his Majesty's dominions have been in great danger of being 
disturbed by the violent proceedings of the Spanish Governor of 
Buenos Ayres, in dispossessing his Majesty's subjects of their 
settlement at Port Egremont. I have received repeated assur- 
ances from the right honorable the Earl of Hillsborough, one of 
his Majesty's principal Secretaries of State, that, if matters should 
come to extremities, the security of his Majesty's dominions in 
America will be a principal object of his most gracious care and 
attention. A plan of augmentation of his Majesty's forces upon 
the British establishment, has already been determined upon, and 
his Majesty's pleasure has been signified to me, that I should ex- 
ert my utmost endeavors to give efficacy and despatch to this plan, 
by assisting his Majesty's officers to raise such a number of re- 
cruits, as shall be sufficient to complete the several battalions, now 
serving in America. I have, with the advice of his Majesty's 
Council, issued my proclamation, inviting and requiring his Ma- 
jesty's faithful subjects, in this province, to engage in, and pro- 
mote, according to their several stations and capacities, a service 
so essential to their security and defence. 

It appears probable, by the last intelligence from England, that 
satisfaction may have been made for this hostile act of the Span- 
iards ; but, as I have received no authentic advice of it, and have 
no sufficient reason to suppose that the proposed plan of augmen- 
tation will be receded from, I shaiU persevere in giving encourage- 
ment to it; and if any act of legislation shall be found necessary, 
I will recommend it to you, and readily concur with you in it. 



MASSACHUSETTS STATE PAPERS. . 295 

I have no particular interior business of the province now to 
lay before you. The stated season for the convening a new As- 
sembly, agreeable to charter, being so near, I choose to refer to 
that time all matters, except such as are of immediate necessity, 
and will come before you, of course. If you will give the despatch 
which is requisite on your part, there shall be no delay on my 

Eart. I doubt not, as the most busy season of the year is just at 
and, you wish to return to your respective homes as soon as 
may be. 

I may not omit acquainting you, in fohn, that I have received 
his Majesty's commission, appointing me Captain General and 
Governor in Chief, in and over the province ; tliat it has been 
published in the usual manner ; that I have the most grateful 
sense of the honor done me by this appointment ; and that it is my 
sincere desire and resolution to employ the powers, with which I 
am entrusted, for his Majesty's service, and for the best interest 
of the people; and I will cheerfully join, at all times, with the 
other branches of the Legislature, in such measures, as may tend 
completely to restore, and constantly to maintain, that state of 
order and tranquillity, upon which the prosperity of the province 
so much depends. T. HIJTCHINSON. 



MESSAGE 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
REPRESENTATIVES, APRIL 5, 1771.* 

Gentlemen of the House of Representatives, 

As soon as you had opportunity for it, you appointed a com- 
mittee to present me a verbal message, requesting me to remove 
the Court to its ancient and legal seat, the town of Boston. Im- 
mediately after, I sent for you to the Council Chamber, and there 
recommended to both Houses to proceed upon, and give despatch 
to such public business as, in the common course of our affairs, 
lay before them. I do not know how I could more fully have sig- 
nified to you, that I declined complying with your request. But 
as this was not satisfactory, and you have sent me a second mes- 
sage, I must tell you, in the tnost explicit terms, that I cannot 
remove the Court to Boston. 

I have done my endeavor, that all the obstructions to the Court's 
sitting in Boston, might be removed j but I have failed in my en- 

• The House sent a verbal message to the Governor, on the first day of the session, request- 
ing him to remove the Court to its ancient and usual seat, the Town House, in Boston. Ou 
the 5th, they sent another message, making a similar request. 



296 MASSACHUSETTS STATE PAPERS. 

deavor. One of these obstructions is your denying, in effect, tlie 
riglit reserved by the Crown, to convene the Court in such place as 
he thinks proper. If every other impediment was out of the way, 
whilst you continue to urge, that, by law, the Court must be held in 
Boston, I may not ask his Majesty's leave to carry you there. I 
shoulrl give up to the House of Representatives a right, which 
would have remained in the Crown, if no notice had been taken of 
it in the charter. I could even then have had no plea, if I had 
been called to answer, except my ignorance of the constitution ; 
but, now it is expressly reserved, I should be wholly without ex- 
cuse. 

I am sensible there is business of great importance before the 
Court ; but, I am less concerned whether you proceed to act upon 
it, because, it is but a short time before I shall be obliged, by char- 
ter, to meet a new Assembly ; therefore, if you decline proceed- 
ing, I shall^ without delay, put an end to the session. 

T. HUTCHINSON. 



V MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
APRIL 24, 1771. 

May it please your Excellency, 

The House of Representatives have given all due attention 
to your speech to both Houses, at the opening of this session. The 
violent^ proceedings of the Spanish Governor of Buenos Ayres, in 
dispossessing his Majesty's subjects of their settlement at Port 
Egremont, has raised the indignation of all who have a just con- 
cern for the honor of the British Crown. Such an act of hostility, 
we conceive, could not but be followed with the most spirited 
resolution on the part of the British administration, to obtain a 
satisfaction fully adequate to the insult offered to his Majesty, and 
the injuries his subjects there have sustained. Your Excellency 
tells us, that it is probable, satisfaction may have been made for 
this hostile act of the Spaniards. If it is so, the public tranquil- 
lity of his Majesty's dominions, so far as it has been disturbed by 
this unwarrantable proceeding, is again restored ; and, therefore, 
it seems to us reasonable to suppose, that the proposed plan of 
augmentation of troops, on the British establishment, is already 
receded from, which renders any consideration upon that subject, 
on our part, unnecessary. 

We owe our gratitude to his Majesty, for his repeated assur- 
ances, expressed to your Excellency, by his Secretary of State. 



MASSACHUSETTS STATE PAPERS. 297 

iliat the security of his dominions in America, will be a principal 
object of his most gracious care and attention. This province has 
frequently, in times past, expended much blood and treasure for 
the enlargement, as well as support, of those dominions. And, 
when our natural and constitutional rights and liberties, without 
Avhich, no blessing can be secure to us, shall be fully restored, and 
established upon a firm foundation, as we shall then have the same 
reasons and motives therefor as heretofore, we shall not fail to 
continue those exertions, with the utmost cheerfulness, and to the 
extent ®f our ability. 

As your Excellency has no particular interior business of the 
province to lay before us, it would have given us no uneasiness, 
if an end had been put to the present Assembly, rather than to 
have been again called to this place ; and, we are unwilling to 
admit the belief, that when the season for calling a new Assem- 
bly, agreeable to the charter, shall arrive, your Excellency will 
continue an indignity, and a grievance so flagrant, and so repeat- 
edly remonstrated by both Houses, as the deforcement of the 
General Assembly of its ancient and rightful seat. 

Your Excellency is pleased to acquaint us in form, that you 
have received his Majesty's commission, appointing you Captain 
General and Commander in Chief in, and over the province. 
Your having had your birth and education in this province, and 
sustained the highest honors which your fellow subjects could be- 
stow, cannot fail to be the strongest motives with your Excellency 
to employ those powers which you are now vested with, for his 
Majesty's real service, and the best interest of this people. The 
duties of the Governor and governed, are reciprocal ; and by our 
happy constitution, their dependence is mutual. Nothing can more 
effectually produce and establish that order and tranquillity in the 
province, so often disturbed under the late unfortunate admin- 
istration ; nothing will tend more to conciliate the affections of 
this people, and ensure to your Excellency those aids, which you 
will constantly stand in need of, from their Representatives, than, 
as a wise and faithful administrator, to make use of the public 
power with a view only to the public welfare. And while your 
Excellency shall religiously regard the constitution of this pro- 
vince ; while you shall maintain its fundamental laws, so neces- 
sary to secure the public tranquillity, you may be assured, that 
his Majesty's faithful Commons of this province, will never be 
wanting, in their utmost exertions, to support you in all such mea- 
sures, as shall be calculated for the public ^oodf and to render 
your administration prosperous and happy. 

[Committee, Mr. S. Adams, Maj. Hawley, Mr. Hancock, Col. 
Worthington, Gen. Ruggles, and Mr. Greenleaf.] 
38 



298 MASSACHUSETTS STATE PAPERS. 



-MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
APRIL 25, 1771. 

May it please your Excellency, 

The House of Representatives, after Inquiry of the Secreta- 
ry, cannot be made certain whether you have ^x't given your as- 
sent to two bills which were laid before your Excellency, early in 
this session ; the one, for granting the sum of five hundred and 
six pounds, for your services when liieutenant Governor and 
Commander in Chief; and the other, for granting the usual sum 
of thirteen hundred pounds, to enable your Excellency, as Gover- 
nor, to carry on the affairs of this province. 

And, as your Excellency was not pleased to give your assent to 
another bill, passed in the last session of this Assembly, for grant- 
ing the sum of three hundred and twenty-five pounds for your 
services, when in the chair, as Lieutenant Governor, the House 
are apprehensive that you are under some restraint: and. they 
cannot account for it upon any other principle, but your having 
provision for your support in some new and unprecedented man- 
ner. If the apprehensions of the House are not groundless, they 
are solicitous to be made certain of it, before an end is put to the 
present session ; and, think it their duty to pray your Excellency 
to inform them, whether any provision is made for your support, 
as Governor of this province, independent of his Majesty's Com- 
mons in it. 

[The Committee by whom the above was reported, were, Mr. 
S. Adams, Col. Warren, Mr. Hancock, and Maj. Foster.] 



MESSAGE 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
REPRESENTATIVES, APRIL 26, 1771. 

Gentlemen of the House of Representatives, 

I COULD not, consistently with my duty to the King, give my 
assent to the bill passed the last session, for granting three hun- 
dred and twenty -five pounds for my support. Before the close of 
the present session, I shall assent to, or reject the bills which shall 
have passed the two Houses, as it shall appear to me the same 
duty requires of me. 



MASSACHUSETTS STATE PAPERS. 299 

You are solicitous to be informed, " whether any provision is 
made for my support, as Governor of the province, independent of 
his Majesty's Commons in it." By the expression, '• liis Majes- 
ty's Commons," I suppose, you would be understood to intend the 
House of Representatives. I must observe to you, that the King, 
Lords, and Commons, our supreme Legislature, have determined 
it to be expedient to enable his Majesty to make a certain and ad- 
equate provision for the support of the civil government in the 
colonies, as his Majesty shall judge necessary. 

1 will not enter into a dispute with you upon the propriety of 
this provision. It may not, however, be amiss to acquaint you, 
that I have not received the full instructions and other append- 
ages to his Majesty's commission, which I have reason to expect. 
When I shall receive them, 1 will communicate such parts of them 
to the House of Representatives, as I shall think for his Majesty's 
service. 

In the mean time, I am the only sufferer by declining or de- 
laying my assent to any bills for my support ; and, I think your 
constituents will not blame me for being willing to avoid bur- 
dening them with this support, by the increase of the tax upon 
their polls and estates, while there is any probability that it may 
have been provided for in another way. 

T. HUTCHINSOX. 



[In May, im, when the Members of the Court met in Cam- 
bridge, on the day of general election, the House of Representa- 
tives chose a committee, composed of Messrs. J. Otis. S. Adams, J, 
Hancock, and D. Leonard, to prepare a remonstrance to the 
Governor, against holding the Assembly in that place, as they had 
i*epeatedly done before. It is unnecessary to give the remon- 
strance, as it contains nothing but what had been urged before, on 
the subject. It was contended, that Boston was the only legal, 
constitutional, and conveni< nt place for holding the General 
Court. The Council and House of Representatives, however, 
proceeded to the choice of Counsellors, all of whom were ap- 
proved by the Governor, but J. Hancock, and J. Bowers.] 



300 MASSACHUSETTS STATE PAPERS. 

SPEECH 

OF THE GOVERNOR TO THE TWO HOUSES, MAY 30, 1771. 

Gentlemen of the Council^ and 

Gentlemen of the House of Representatives, 

It is with pleasure that I now inform you, that the account, 
which I thought myself warranted to transmit to England, the last 
fall, of the general disposition in the people of the province, to 
promote order and a due submission to government, gave the 
greatest satisfaction to his Majesty, who has nothing more at heart, 
than to see his subjects in a state of happiness, peace, and pros- 
perity. By making these the great objects of the administration, 
1 shall advance the real interest of the province, and, at the same 
time do that duty to the King, which he requires of me. 

The common interior business of the province, necessary to be 
acted upon at this session, I need not particularly point out to 
you. The state and circumstances of that part of the province, 
which lies to the east and north of Penobscot River, where settle- 
ments are every day making, by persons who have no color of 
title, I am required by the King, to recommend to your serious 
consideration. I think the people deceive themselves with a 
groundless expectation, of acquiring a title by force of possession. 
I know that his Majesty is displeased with such proceeding ; and. 
I have reason to apprehend, that a longer neglect of eff'ectual mea- 
sures on our part, to prevent any further intrusions, and to re- 
move those already made, will occasion the interposition of Par- 
liament, to maintain and preserve the possession of this country or 
district, for the sake of his Majesty's timber, with which it is said 
to abound. I recommended this important business to the As- 
sembly of the last year, at their session in September. The Coun- 
cil thought it necessary then to be acted upon, but the House re- 
ferred it to the next session, and then let it drop without further 
notice. 

The state of the militia deserves your consideration. A bill 
passed the two Houses the last year, in which the defects or fail- 
ures, are attributed to the officers, and they are subjected to addi- 
tional penalties. It did not appear to me that the officers, except 
in a few instances, were chargeable with neglect of duty. In gen- 
eral, the militia are backward in appearing upon military musters, 
and that subordination, which distinguished this government in the 
day of our forefathers, is lost ; particularly, in the town of Bos- 
ton, a company makes so small show upon a muster day, that the 
officers, who, I doubt not, are well disposed, and wish to do their 
duty, are under great discouragements. This is partly owing to 
the msufficiency of the fine for not attending common trainings ; 



MASSACHUSETTS STATE PAPERS. 301 

and I leave you to consider, whether some provision is not also 
necessary to enforce obedience to the lawful commands or orders 
of the Captain General, and the officers under him, which is essen- 
tial to a well regulated militia. As the laws now stand, I find it 
difficult to prevail with the most proper persons to take military 
commissions. If additional burdens and penalties are laid upon 
officers, their discouragements will increase in proportion. 

I cannot help flattering myself, that the Assembly of this year, 
will be distinguished by a zealous regard to the interest of the pro- 
vince ; and I hope to be able to concur in sentiment with you up- 
on all matters which may come before us. 

T. HUTCHINSON. 



MESSAGE 

\ 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
REPRESENTATIVES, MAY 30, 1771, 

Gentlemen of the House of Representatives, 

You may depend upon my representing to his Majesty, by the 
first vessels, the inconveniencies which you mention, in your mes- 
sage of yesterday,* to attend your sitting in any other place than 
the town of Boston. I am restrained from holding the Court 
there, without his Majesty's express leave. I will endeavor that 
every obstacle may be removed ; and, upon this, and every other 
occasion, to convince you that I am desirous not merely of pre- 
serving to you the enjoyment of all just rights and privileges, but 
of procuring every convenience, so far as shall consist with my 
duty to the King. T. HUTCHINSON. 

* The House had sent a message to the Governor, stating the inconveniencies of holdinfj- 
the General Court out of Boston, and remonstrating against the removal thereof from th-; 
ancient and usual place, as a grievanc.e, bgth to the people and the Members of the Court- 



302 MASSACHUSETTS STATE PAPERS. 



PROTEST 

OF THE HOUSE OF REPRESENTATIVES AGAINST CONVENING AND HOLDING 
THE COURT OUT OF BOSTON, JUNE 19, 1771.* 

History furnishes us with an instance of an act of Parlia- 
ment passed, giving the force of laws to the King's proclamations: 
but this being directly subversive of the constitution, was soon re- 
pealed. Yet, since that period, an act has been labored for, to 
give the force of law to the King's instructions to the Governors 
of the colonies; and though it was not effected, some Governors 
have appeared to consider such instructions as laws, not only to 
themselves, but to the people. Whereas, nothing can be more 
clear, than that neither proclamation nor instruction ought to have 
any such force, either in regard to the Governor, or the subject 
here. 

And, although it may be within the prerogative of the Crown, iu 
cases of plain necessity, to summon a Parliament to some other 
place than Westminster ; and so of a Governor of this province, 
in like cases of plain necessity, to convoke a General Assembly to 
some other place tiian Boston, its accustomed, ancient place, and 
■where alone provision is made for it; yet. if a British King should 
call a Parliament, and keep it seven years in Cornwall, however 
his Ministry, as usual, might shift for themselves, their master, and 
his affairs, would be iiretrievably embarrassed and ruined. And a 
Governor of this province, who, in order to harass the General 
Assembly into unconstitutional and unconscionable measures, 
should convene and hold them in the county of Berkshire or Lin- 
coln, would render himself and his administration justly ridiculous 
and odious. 

There is nothing more plainly to be distinguished, than power, 
right, and prerogative, and the abuse of sucli power, right, and 
prerogative. It is the King's prerogative, to pardon all crimes, 
from trespass to high treason ; but if the King should pardon all 
criminals, there would be an end of his government. The Com- 
mons have the sole right to give and grant, or refuse to grant 
taxes ; but if they should refuse to give any thing, there would be 
also an end of government. Should a King call a Parliament 
but once in seven years, and on its meeting, instantly dissolve it, 
and so repeatedly, a few such repetitions would ruin him, ami be 
deemed a total dissolution of the social compact. Should a Gov- 
ernor of this province, annually convene a General Assembly, and 
before, or immediately after, the election of Counsellors, dissolve 

• The committee who prepared this protest, were, Mr, J. Otis, Mr. Denny, Mr. Hancock, 
and Mr. Adams. The object of this protest being to show the danger of having instructions 
from the Ministry or Crown, superior to the authority given by the charter, rather than to 
complain of the Court's sitting iu Cambridge, it is here inserted. 



MASSACHUSETTS STATE PAPERS. 303 

such Assembly, as the conduct would be similar, the inferences 
and consequences must also be alike ; for sucli exercises of the 
preroj^afive could not be deemed mistakes, but must be construed 
as voluntary and corrupt abuses of the prerogative, and a total 
perversion of the powers of whicli it consists. Such instances, it 
may be said, would be manifest abuses of power and prerogative ; 
and it is most clearly, in our opinion, an abuse of the power, vest- 
ed by charter, in the Governor of this province, for him, from 
time to time, unnecessarily, or merely in obedience to an instruc- 
tion, without exercising that judgment and discretion of his own, 
which, by charter, he is empowered, and is in duty bound to exer- 
cise for the good of the province, and not for the preservation of 
his place, to convene and hold the General Assembly out of the 
town of Boston ; which is not only its ancient, but also, on various 
accounts, the most convenient place; more especially, as ample 
provision is there made for holding the Assembly, in costly and 
commodious buildings, and no part of the necessary provision is 
made in any other place in the province. 

Ky the charter, the Governor, with other civil officers, is to be 
supported by the free gift of the General Assembly ; and, it would 
be dangerous for so important a trust as that of convening, ad- 
journing, proroguing, or dissolving the General Assembly, to be 
placed in any one, who is not thus supported by the free grants of 
the people. The safety of the people requires, that every power 
should have a check ; by the charter, therefore, it is ordained, 
that the full power of convening, adjourning, proroguing, and dis- 
solving the Assembly, shall be vested in the Governor, who is to 
reside within the province, and is, and ought to be, supported by 
the free grants of the people. The King, by the charter, has cov- 
enanted and granted, that the Governor shall exercise this power 
" as he shall think fit," or "judge necessary," and not another; 
an endeavor, therefore, to restrain the Governor in the exercise of 
this power, is clearly an attempt to infringe and violate the char- 
ter. And the Governor, in our opinion, cannot, consistent with 
the trust and duty of his office, refuse or delay to hold the Assem- 
bly in the place which is evidently the most convenient, until he 
shall obtain " express leave," from the King or his Minister. It 
is so far forth suspending the effect, and depriving the people of 
the benefit of the royal grant made to them in tlie charter. To 
restrain the Governor in the free exercise of this power, at once 
reduces him to a mere machine ; and deprives us, not only of eve- 
ry charter right, but of all freedom. By such a restraint, a free 
Assembly would be subjugated to arbitrary edicts and mandates ; 
for if an instruction is as obligatory on a Governor, as some con- 
tend for, or supersede the charter in one instance, it may in a 
thousand, or in all. 

Upon the foregoing considerations, this House think it their in- 
dispensable duty, in discharge of the sacred trust reposed in them 



304 MASSACHUSETTS STATES PAPERS, 

by their constituents, and for the sake of preserving and maintain- 
ing, as far as may be in their power, the free constitution of the 
province, in the most explicit manner, to protest, .ind they do 
accordingly protest, against all such doctrines, principles, and 
practices, as tend to establish either ministerial, or even royal 
instructions, as laws within the province. 

And further, this House do particularly protest, and order the 
same to be entered on the journal, against (he present manner of 
exercising the prerogative, in convening and holding the General 
Assembly at Harvard College, in Cambridge, merely by force of 
instructions, as an intolerable grievance, which ought speedily to 
be redressed. 

It is notorious, that former Houses have borne this grievance 
with great moderation, in hopes it would not have been continued ; 
and, although the present House is inclined to judge as candidly 
as possible, of the intentions of administration ; yet, it is the clear 
opinion of the House, that, if after all the remonstrances that have 
been made against this grievance, it should not speedily be re- 
dressed, it M'ill then become plain and obvious, that the power 
vested in the Governor, by the charter, for the good of the pro- 
vince, is wittingly perverted to a very different end. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO HIS EXCELLENCY'S SPEECH, AT 
THE OPENING OF THE SESSION, JUI^E 14, 1771. 

May it please, your Excellency, 

The House of Representatives have taken into consideration 
your speech to both Houses, at the opening of this session. Your 
Excellency is pleased to inform us, that you thought yourself war- 
ranted the last fall, to transmit to England, an account of the 
general disposition of the people of this province to promote or- 
der, and a due submission to government, which had given the 
greatest satisfaction to his Majesty. Your Excellency must be 
very sensible that the people of this province have always been 
disposed to promote order, and a due submission to constituional 
authority; and, therefore, we humbly conceive, there never was a 
time when your Excellency might not have been warranted to re- 
present us in such a point of light, as would have given his Majesty 
the greatest satisfaction in that regard. The people, it is true, 
have been, and are still, with abundant reason, discontented with 
the acts of Parliament, for raising a revenue in America, without 
the free consent of their own Representatives ; and, with other re- 



MASSACHUSETTS STATE PAPERS. 305 

gulations which they justly apprehend to be not only oppressive, 
but destructive to their constitutional and charter rights. This 
uneasiness has been grossly misrepresented by the enemies of the 
province, as a mark ot" disaffection to his Majesty's government. 

If your Excellency will be pleased to employ that influence, 
which your advanced station in the province now gives you, in ef- 
fecting a redress of those great grievances, you will, in the opinion 
of this House, very substantially promote the real interest of the 
province, and establish order, happiness, peace, and prosperity ; 
and thereby render the most acceptable service to the people, in a 
wanner perfectly consistent with duty to his Majesty. 

With regard to the settlements which your Excellency is pleased 
to inform us are every day making, on that part of the province, 
which lies to the east and north of Penobscot River, your Excel- 
lency is sensible that some of them are in consequence of grants 
made by the General Assembly of this province, agreeable to the 
royal charter ; but if any other settlements are made there, with- 
out any color of title, the House apprehend that the charter, which 
is the first law of the province, provides a sufficient penalty of one 
hundred pounds sterling for every trespass on the King's woods ; 
and, as his Majesty has been pleased, from time to time, to ap- 
point a surveyor of his woods, with a power of substitution, whose 
duty it is to prevent any such intrusions, or remove them, if alrea- 
dy made, the House are of opinion, that there can be no necessity, 
at present, of the interposition of this, or of any other Legislative 
act for that purpose. 

The state of the militia of the province, is considered by this 
House, as a subject which requires the most serious attention. 
The Assembly of the last year, for the important purpose of better 
regulating the militia, prepared a bill, and laid it before your Ex- 
cellency. We cannot agree with your Excellency, in the excep- 
tions which you are pleased to mention against that bill. It is 
apparent, that a laudable ambition prevails among the people in 
many, if not all parts of the province, to excel in the military art j 
and we have observed with great satisfaction, a readiness in them 
to appear upon musters, and cheerfully to obey the lawful com- 
mands of such officers, as are desirous and capable of doing their 
duty. If, therefore, your Excellency shall have regard solely to 
the necessary qualifications of the persons who may be appointed 
to the military command, we cannot but promise ourselves, that 
the military spirit of the country will again be as conspicuous as 
it was in the days of our fore fathers, and thereby his Majesty's 
real service, and the safety of this province, greatly promoted. 

We flatter ourselves, that the present Assembly will not be 
wanting in the same zealous regard for the real interest of the 
province, which distinguished the last and former Assemblies. 
Your Excellency may be assured, that this House will exert them- 
selves to the utmost, in promoting the honor and service of his 
39 



306 MASSACHUSETTS STATE PAPERS. 

Majesty, and in maintaining and supporting the rights and liber- 
ties of the people. These are the great ends of government ; and, 
while we keep them in view, we shall have reason to expect your 
Excellency's concurrence with us in our determinations upon all 
matters of importance that shall come before the Assembly. 

[The committee, by whom the above was reported, were, Mr. 
Hancock, Col. Bowers, Brig. Prebble, Mr. Iiigersol, Mr. Hobson, 
Maj. Foster, and Mr. Adams.] 



MESSAGE 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
REPRESENTATIVES, JULY 4, 1771. 

Gentlemen of the House of Representatives, 

The Secretary has laid before me an engrossed bill, entitled 
an act for apportioning and assessing a tax of fifteen thousand 
pounds, &c. I find that this bill is of the same tenor with the 
acts, which of late years, have been annually passed b^ the Gen- 
eral Court. By virtue of those acts, the assessors in several towns, 
have taxed the officers of the Crown, who have been resident in 
such towns, for the profits they receive from their commissions, 
although their offices have no peculiar relation to this province. I 
doubt whether this could be tl>e intent of the former acts j but as 
this construction has been put upon them, I cannot sign another 
act in the same form, being expressly forbid by his Majesty's 
twenty -seventh instruction, from giving my consent to such an act, 
upon any pretence whatsoever. 1 cannot doubt of your being of 
the same sentiment with me, that such a general clause, as is now 
in the bill, which empowers the assessors to tax all commissions of 
profit, needs some qualification, and that it should extend no far- 
ther than to commissions which peculiarly relate to this province ; 
otherwise any of his Majesty's servants, who may occasionally re- 
side here for a short term, may be taxed for the profit which they 
receive from their commissions and places in Great Britain, and 
every other part of his Majesty's dominions. 

T. HUTCHINSON. 



MASSACHUSETTS STATE PAPERS. 307 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
•> *■ JULY 5, 1771. 

May it please your Excellency, 

The House of Representatives have taken into consideration* 
your Excellency's message of this clay. The reason you are pleas- 
ed to assign for withholding your assent to the tax bill, is surpris- 
ing and alarming. We know of no commissioners of his Majes- 
ty's customs, nor of any revenue his Majesty has a right to estab- 
lish in North America ; we know and feel a tribute levied and 
extorted from those, who, if they have property, have a right to the 
absolute disposal of it. 

By the royal charter, it is expressly granted, that the General 
Assembly shall have full power and authority to impose and levy 
proportionable and reasonable assessments, rates, and taxes, upon 
the estates and persons of all and every, the proprietors and inhab- 
itants of this province. Hence, it plainly appears, that the 
power of raising and levying taxes, is vested in the General As- 
sembly ; and that power, which has the sole right of raising and 
levying taxes, has an uncontrolable right to order and direct, in 
vi'hat way and manner, and upon whom, such taxes shall be raised 
and levied. Therefore, for your Excellency to withhold your 
assent to this bill, merely by force of instruction, is effectually 
vacating the charter, and giving instructions the force of laws, 
within this province. And we are constrained to say, that your 
Excellency's present determination is to be governed by them, 
though this should be the consequence. We must further observe, 
that such a doctrine, if established, would render the Representa- 
tives of a free people, mere machines ; and they would be reduced 
to this fatal alternative, either to have no taxes levied and raised 
at all, or to have them raised and levied in such a way and man- 
ner, and upon those, only, whom his Majesty pleases. 

As to the operation of law, mentioned in your Excellency's 
message, the law of this province, at least in this respect, has 
rightly operated, as it ever ought to. And we know no reason, 
or any semblance of reason, why the commissioners, their superior 
or subordinate officers, who are equally protected with the other 
inhabitants, should be exempted from paying their full proportion 
of taxes for the support of government, within this province. 

[The committee, by whom this message was prepared, were J. 
Otis, Capt. Thayer, Col. Bowers, S. Adams, and Mr. Denny.] 



308 MASSACHUSETTS STATE PAPEIIS. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVER>'OH, 

JULY 5, 177X. 

May it please your Excellency, 

The General Court, in their present session, having passed 
an act, to inquire into the rateable estates of this province, and the 
House of Representatives being very desirous to complete the 
same, as soon as may be, after the return of the lists ; they there- 
fore desire your Excellency vv^ould be pleased to give the Assem- 
bly an opportunity to come together the beginning of Octobernext, 
for that purpose. 



MESSAGE 

FROM HIS EXCELLKNCT THE GOVERNOR ID THE HOUSE OF 
REPRESENTATIVES, JULY 5, 1771. 

Gentlemen of the House of Representatives, 

I SHALL always consult his Majesty's service, as to the time 
of meeting the General Assembly, and govern myself accordingly. 

T. HUTCHINSON. 



MESSAGE 

EROM THE TWO HOUSES, TO HIS EXCELLENCY THE GOVERNOR, 
JULY S, 1771. 

May it please your Excellency, 

Your Excellency having refused to assent to the grants made 
at the last session of the General Court, to Mr. Bollan, and Mr. 
De Berdt, for their respective services in England, the two Houses, 
in faithfulness to themselves, and those they represent, are con- 
strained to remonstrate to your Excellency on this subject ; and 
for that purpose would observe, that self defence, whether it re- 
gards individuals or bodies of men, is the first law of nature ; and, 
that in obedience to this law, this community, when its rights and 
liberties have been attacked, have, by their Representatives, at 
different times, appointed agents for their defence. Now, al- 



MASSACHUSETTS STATE PAPERS. 309 

though it had been the usual practice for the Governor to be con- 
cerned in that appointment, yet, when circumstances became cHti- 
cal, and the dearest rights of the province were at stake — when 
the King's ministers appeared resolved to infringe those rights, 
and could influence the Governor, who was wholly in their power, 
to procure an agent to their mind, or to control the instructions 
that might be prepared for him, whereby the end and design of his 
appointment might be frustrated ; when this was the case, it be- 
came fit and reasonable, that an agent, chosen by either House, 
and the instructions given him should be wholly independent of 
the Governor ; and, consequently, it must be fit and reasonable, 
that the pay and support of such agent, should not be obstructed 
by the Governor. 

The same reasoning is applicable to the appointment of the 
agent by the Council ; with ref^ard to which, it may be observed, 
that when heavy and repeated charges had been laid against them, 
by the late Governor, Sir Francis Bernard, of Nettleham, Baronet, 
designed and calculated not only to asperse their characters, but 
to affect the charter of the province, the necessity of the case re- 
quired they should defend themselves against those charges. The 
right of defence, which is necessary to guard and preserve every 
other right, is founded in natural justice and common law, which 
do not suffer any one to be condemned, without being first heard, 
and their defence considered ; and of this right they cannot be 
deprived, without being deprived at the same time of their politi- 
cal existence. 

The Council are an order of men instituted by charter, and 
were censured by the said Governor, in their public capacity ; a par- 
ticular charge being made upon them, their sole authority was suf- 
ficient and proper to answer it; and the Council being a constitu- 
ent part of the body politic, their defence was as necessary to 
the good of the whole, as the care and preservation of an essential 
part is to the body natural. The Council being an essential part 
of the body politic, or incorporated province, and their defence 
being necessary and beneficial to the whole, the province is charge- 
able to pay for such defence, and consequently, no Governor, or 
other person, can justly obstruct the payment. 

The right of defence includes a right to all the means requisite 
and proper for that defence, and consequently, a right to appoint 
and support their own defender ; without this, the freedom and 
benefit of defence would be taken away, where they cannot appear 
in their own persons. 

From the foregoing observations, the two Houses think it ap- 
pears, very manifestly, that they have a just and clear right, both 
jointly and separately, to appoint agents for themselves, without 
the concurrence of the Governor ; and, that the great principle of 
self defence inherent in, and necessarily active, in all bodies capa- 
ble of action, makes it unfit and unreasonable, that the Governor 



310 MASSACHUSETTS STATE PAPERS. 

should refuse his assent to grants made to such agents, for their 
services to the province. 

As the grants made at the last session, cannot operate, new 
grants have been made to the said agents, this present session, 
which now lie before your Excellency ; to which grants, the two 
Houses hope, your Excellency will give your assent. 



SPEECH 

OF THE GOVERNOR TO THE TWO HOUSES, JULY 5, 1771, 

Gentlemen of the Council^ and 

Gentlemen of the House of Representatives, 

I HAVE continued the session longer than has been usual at 
this season of the year, that you might have the full time you de- 
sired for transacting the public and private business which came 
before you, and it gives me pleasure to reflect, that, in general, a 
good harmony has subsisted between the several branches of the 
Legislature. In some parts of your proceedings, I have not been 
able to concur in sentiment with you ; particularly, 

Gentlemen of the House of Representatives, 

I cannot help disapproving of a certain instrument which you 
voted,?in consequence of a message from me, and which you have 
caused to be entered upon your journal, and to be printed in the 
public newspapers. I am obliged to make some remarks upon it, 
before I put an end to the session, although it has not been ad- 
dressed to me in the usual form. By this instrument, you protest, 
as you express it, first, against whatsoever tends to establish min- 
isterial or royal instruction as laws within the province; and, 
secondly, against holding the Court in Cambridge, merely by force 
of instructions, as an intolerable grievance, which ought speedily 
to be redressed. 

The first part of your protest was altogether unnecessary, and 
can have no good effect, but may alarm the people when they are 
in no danger ; for, by the tenor of my commission, notwithstand- 
ing 1 am required to follow the King's instructions, I am to make 
the charter and the laws of the province, the rule of my adminis- 
tration ; and, upon these fundamentals, all my instructions are 
framed ; and if ever you shall think that you have ground to ac- 
cuse me of departing from the charter and the established laws, I 
promise you that I will not avail myself of an instruction for my 
justification or excuse j but, if I happen to differ from you upon the 



MASSACHUSETTS STATE PAPEllS. 311 

construction of the charter or your laws, you must allow me to 
govern myself by my own, rather than by your judgment. 

The second part of your protest, appears to me, to be repugnant 
to what has been admitted for more than four score years, to be a 
part of your constitution ; for, notwithstanding, you confine your 
protest to my removing the Court from Boston, by force of an in- 
struction, you may, with equal reason, extend it to any act whatso- 
ever done by force of instructions. I must deal plainly with you, 
gentlemen, and let you know that I cannot consider myself at 
liberty to depart from the King's instructions, in any matters, 
which are not repugnant to the charter and to the established laws; 
and it is not the preservation of my place which influences me, 
but a sense of my duty to the King, and the preservation of his 
just prerogative. It is a new doctrine advanced by the last As- 
sembly, that the King, by reserving to himself the power of nom- 
inating and appointing a Governor, hath divested himself of the 
right of instructing him. If this had been the case, why did the 
Assembly, in 1692, thankfully receive Sir William Phips' commis- 
sion, which was published at the same time with the charter, and 
which expressly required him to execute his trust, according to 
such powers and instructions, as he should receive, pursuant to 
the charter and to the established laws ? Why has every Assem- 
bly since, until the Assembly of the last year, submitted, without 
any exception, to commissions of the same tenor ? In the contro- 
versy with Governor Burnet, in 1728, the Assembly would not 
admit that his instructions sliould bind them, but they never pre- 
tended that they did not bind him. 

Your observation, that, by the charter, the Governor is to convene 
the Court, from time to time, according to his discretion, or as he 
shall judge necessary, and, therefore, that the King's instruction 
ought not to control him, does not distinguish this case, because 
every power, where there is no special limitation, is to be exercised 
according to discretion, or as shall be judged necessary. I must 
further observe to you, that before the date of your charter, Gov- 
ernors in the plantations, were required to execute their trusts 
pursuant to the instructions they received from the Crown. 
When the Crown, by charter, reserves to itself the power of ap- 
pointing a Governor, this reserve must be understood to mean a 
Governor under the like restrictions with other the King's Gover- 
nors, unless there be further words to signify the contrary. I 
know of no such words in the charter. 

His Majesty expects from me, on the one hand, that I make no 
invasion upon any of your rights; but, then, on the other hand, he 
enjoins me to give up no part of his prerogative. I know that the 
messages and resolves of the House the last year, which asserted, 
that the Governor is not held to the observance of this instruction, 
were very displeasing to the King ; I am, therefore, under an ad- 
ditional obligation to bear my testimony against the like assertion. 



312 MASSACHUSETTS STATE PAPERS. 

I would not, however, have labored to explain points, so clear iii 
themselves, if I was not apprehensive, that your constituents are 
liable to be prejudiced in favor of the proceedings of their Repre- 
sentatives, and that there is danger, if I had been silent, that this 
instrument would retard that quiet and contentment which, I 
doubt not, the gentlemen of the House, in general, who voted for 
it, wish to see fully restored. 

I shall only observe upon your message presented me this day, 
in answer to my message to you of yesterday, that whatever may 
be the rights of the General Assembly, in matters of taxation, the 
Crown hath certainly reserved to itself the prerogative of disal- 
lowing every law of what nature soever ; and as tne disallowance 
of a tax act, after it is in part executed, would cause great per- 
plexity, I think that his Majesty's instruction pointing out to you, 
through me, his servant, those parts of your tax acts which he dis- 
approves of, should be considered as an instance of his tenderness 
and paternal regard to his subjects, and that it is not liable to the 
least exception. I shall transmit my messages, and this, your ex- 
traordinary answer, to be laid before his Majesty. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives , 

I have given my consent to the bills and votes which have passed 
the two Houses this session, as far as I could, consistent with my 
duty to the King, and with the interest of the province. 

Upon mature consideration of the grants made to William Bol- 
lan, Esq. and to the executors of Dennys De Berdt, Esq. by the 
last Assembly, I refused my consent. I cannot yet see reason to 
alter my sentiments ; and the objections to my signing the grants, 
made this session, to the same persons, to which your message of 
this forenoon refers, are rather increased than lessened. 

T. HUTCHINSON. 



LETTER 

FROM ARTHUR LEE, ESQ.* TO THE SPEAKER OF THE HOUSE OF REPRESEN- 
TATIVES, DATED LONDON, SEPTEMBER 22, 1771. 

Sir, 

In obedience to the order of the House of Representatives, 
which you did me the honor of conveying to me, the 23d Novem- 
ber, 1770,1 have inquired at Dr. Franklin's lodgings, he himself 
being absent, for despatches from you ; but I have found none. It 

•Mr. Lee was of Virginia, and he was intimate with Dr. Franklin, then agent for the pro- 
vince, in England. He was a zealous advocate for the rights of the colonies, and strenuously 
opposed the arbitary measures of the British Ministry at that period. 



MASSACHUSETTS STATE PAPERS. 313 

shall continue to be my care to attend to the business of the pro- 
vince, till the Doctor's return. 

It is now the dead tjme of the year, and nothing is passing worthy 
your attention. Parliament, without some unexpected emergency, 
will not meet till after Christmas. 

The Commissary of Virginia is now here, with a view of pro- 
secuting the scheme of an American Episcopate. He is an artful, 
though not an able man. You will consider, sir, in your wisdom, 
whether any measures on your side, may contribute to counteract 
this dangerous innovation. Regarding it as threatening the sub- 
version both of our civil and religious liberties, it shall meet with 
all tlve opposition in my power. 

With very great satisfaction I have learnt, from the late pro- 
ceedings of the House, tliat you have determined to resist any new 
invasion of your rights, as well as to remonstrate against those 
that are already passed. It wns such vigilance and perseverance 
in our illustrious ancesiurs, that redeemed our constitution when 
equally invaded ; and, I trust in God, that these virtues in you 
will be crowned with the same success. 

May the peace of God rest among you, to prosper your councils, 
and protect the province. 

I have the honor to be your most obliged and faithful servant, 

ARTHUR LEE. 

JNTj. 3, Essex Court, Middle Teknpk. 



SPEECH 

OF THE GOVERNOR TO THE TWO HOUSES, APRIL 8, 1772, 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I HAVE, from time to time, regularly transmitted the applica- 
tions which have been made to me in former sessions, to convene 
the General Court in the town of Boston, together with the mes- 
sages, resolves, and votes, of every kind, which have passed upon 
that subject, and they have all been laid before the ^ King. This is 
all I could do, consistent with my duty ; for, as I have before ob- 
served to you, I prorogued the Court to Cambridge, upon a sig- 
nification of his Majesty's pleasure to that purpose, and I may not 
remove it to Boston without his Majesty's permission. 

Our most gracious Sovereign is ever ready to afford a favorable 
attention to such petitions and requests of his subjects, as do not 
tend to injure the constitution, and are, in other respects, reasona' 
40 



314: MASSACHUSETTS STATE PAPEHS. 

ble to be granted ; and if you had desired me to carry the Court 
to Boston, because it is the most convenient place, and the pre- 
rogative of the Crown to instruct the Governor to convene the 
Court at such place as his Majesty may think proper, had not been 
denied, I should have obtained leave to meet you at Boston, at 
this time ; but I shall not be at liberty to do it, whilst this denial 
is persisted in. If you shall desist from it, and the removal of 
the Court to Boston, shall, for other reasons, be judged expedient, 
I have authority to acquaint you, that his Majesty will allow me 
to comply with your wishes. 

I have received, in the recess of the Court, a letter from his 
Excellency William Tryon, Esq. Governor of his Majesty's pro- 
vince of New York, proposing, with great candor, measures for 
the settlement of the boundary line between the two provinces. 
The Secretary will lay a copy of this letter before you. I recom- 
mend the subject of it to your consideration, and shall be willing 
to contribute every thing in my power, to finish this long subsist- 
ing controversy. 

Gentlemen of the House of Representatives, 

Upon inquiry into the state of the treasury, I find there are sur- 
pluases of funds which have been established for the payment of 
sums borrowed for the charges of government in past years, and 
these, together with other unappropriated stocks, are more than 
equal to the sum which is necessary to satisfy the present demands 
upon the treasury, and to provide for the service of the advancing 
year. 

The Treasurer will lay before you the state of the treasury, and 
an estimate of the sums requisite for its supply. It is with you, 
to originate such a bill as you shall judge proper. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

Much time is usually spent by the General Court in considering 
petitions for new trials at law, for leave to sell the real estates of 
persons deceased, by their executors, or administrators, and the 
real estates of minors, by their guardians. All such private busi- 
ness is properly cognizable by the established judicatories. If it 
be necessary that further powers should be given to such judica- 
tories, or that new courts should be erected, I am willing to con- 
sent to any good and wholesome law, or laws, for those purposes. 
A legislative body, consisting of three distinct parts, the consent 
of each of which, is necessary to every valid act, is extremely im- 
proper for such decisions. The polity of the English government 
seldom admits of the exercise of this executive and judiciary power 
by the Legislature, and I know of nothing special in the govern- 
ment of this province, to give countenance to it- 



MASSACHUSETTS STATE PAPERS. 315 

Tlieie shall be no delay on my part, in the business of the ses- 
sion, and I Avill lay nothing unnecessary before you. , 

T. HUTCHTNSON. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S 
SPEECH, APRIL 10, 1772. 

May it please your Excellency, 

The House of Representatives have duly considered your 
speech to both Houses, at the opening of this session. Your Ex- 
cellency is pleased to acquaint us, that, " if we had desired you to 
carry the Court to Boston, because it is the most convenient place ; 
and the prerogative of the Crown to instruct the Governor to con- 
vene the Court at such place as his Majesty may think proper, had 
not been denied ; you should have obtained leave to meet us in 
Boston, at this time ; but that you shall not be at liberty to do so, 
whilst this denial is persisted in." 

We have maturely considered this point : and are still firml^^in 
opinion, that such instruction is repugnant to the royal charter, 
wherein the Governor is vested with the full power of adjourn- 
ment, proroguing and dissolving the General Assembly, as he shall 
judge necessary. Nothing in the charter, appears to us to afford 
the least grounds to conclude, that a right is reserved to his Ma- 
jesty of controling the Governor, in thus exercising this full power. 
Nor indeed does it seem reasonable that .there should ; for, it be- 
ing impossible that any one, at the distance of three thousand miles, 
should be able to foresee the most convenient time or place of hold- 
ing the Assembly, it is necessary that such discretionary power 
should be lodged with the Governor, who is, by charter, constantly 
to reside within the province. 

We are still earnestly desirous of the removal of this Assembly 
to the Court House, in Boston ; and we are sorry that your Ex- 
cellency's determination thereon, depends upon our disavowing 
these principles ; because we cannot do it consistently with the 
duty we owe our constituents. We are constrained to be explicit 
at tnis time ; for if we should be silent, after your Excellency has 
recommended it to us, as a necessary preliminary, to desist from 
saying any thing upon this head, while we request your Excellency 
for a removal of tlie Assembly, for reasons of convenienc* only, 
it might be construed as tacitly conceding to a doctrine injurious to 
the constitution, and in effect, as rescinding our own record, of 
which we still deliberately approve. 



316 MASSACHUSETTS STATE PAPERS. 

The power of adjourning and proroguing the General Assembly, 
is a power in trust, to be exercised tor the good of the province ; 
this House have a right to judge for themselves, whether it was 
thus exercised. We cannot avoid taking this occasion, freely to 
declare to your Excellency, that the holding of the Assembly in 
this place, without any good reason which we can conceive of, un- 
der the many and great inconveniences which this, and former 
Houses, have so fully set forih to your Excellency, is, in our opinion, 
an undue exercise of power : and a very great grievance, which 
we still hope will soon be fully redressed. 

Your Excellency may be assured, that this House will, with all 
convenient despatch, take into our most serious consideration, that 
part of your speech which concerns the establishment of a parti- 
tion line between this province and the province of New York ; 
and that we will, with great candor, contribute every thing in our 
power, to accomplish the same equitable terms. 

The other parts of your Excellency's speech, have had the pro- 
per attention of the House ; and we are determined, during the 
remainder of the session, which must be short, to consult his Ma- 
jesty's real service — the true interest of the province. 

[The Speaker, (Mr. Gushing,) Mr. S. Adams, Mr. Hobson,Capt. 
Heath, Maj. Foster, Mr. Ingersol, and Mr. Denny, were the com- 
mittee.] 



SPEECH 

OF THE GOVERNOR TO BOTH HOUSES, APRIL 25, 1772, 

Gentlemen of the Council, and 

Gentlemen of the House of BepresentativeSf 

I THANK you for the despatch which you have given to the 
public business, and for that harmony, which has generally prevailed 
in the course of the present session. 

I am sorry that there is any material point remaining, in which 
the several branches of the Legislature cannot yet agree. The 
opinion of the House of Representatives, declared in their message 
to me, that the removal of the Assembly from Boston, by force of 
an instruction from his Majesty, is an undue exercise of power, 
and a great grievance, difters widely from my own opinion on the 
prerogatives reserved by the Crown, and the duty required of the 
Governor, by the constitution. 

In support of my opinion, I will lay before you, what appears to 
be the true spirit of the charter. I am not contending for victory, 



MASSACHUSETTS STATE PAPERS. 317 

but I wisli to satisfy you, that there is no room to suggest, that the 
King has been the cause of grievance to his subjects, by giving an 
instruction to the Governor, which, by the constitution, his Majesty 
had no authority to give. 1 am likewise desirous that my own con- 
duct should appear in a favorable light to you, and to the good 
people of the province. 

It may be proper then, to observe, that the first charter to the 
Massachusetts colony having been vacated, our ancestors, sensi- 
ble of the necessity of some form of government, constitutionally 
derived from regal authority, humbly solicited the restoration of 
their charter, with such additional powers, as the Crown should 
think proper to grant ; and thereupon, to use the words of the 
House of Representatives, in the year 1728, " their late Majesties 
King William and Queen Mary, of glorious memory, were gra- 
ciously pleased to gratify the inhabitants here, and did grant to 
them certain powers, privileges, and franchises, to be used and 
employed for the benefit of the people ; and, in the same grant, 
reserved other powers to be used and exercised by the Crown, or 
the Governors sent by it, agreeable to the directions and instruc- 
tions contained in said grant, and their commissions, having refer- 
ence for their better guidance and directions, to the several powers 
and authorities mentioned in the said charter." 

It is further observable, that, by the first charter, the Crown had 
constituted a corporation in England, empowered to appoint, under 
its direction and instructions, Governors, and other officers, in the 
colony. By this second charter, the Crown reserves to itself the 
power of appointing and commissioning a Governor, and Lieu- 
tenant, or Deputy Governor. By their commissions, they were 
authorized to administer government, according to such instruc- 
tions as should be given by the Crown, in pursuance of the char- 
ter, and of such reasonable laws as should be in force. Now> 
although I cannot conceive of this transaction, as properly speak- 
ing, a treaty or compact, yet, it may be proper to observe, that, 
after the charter and commissions had been made public, and 
matter of record in the province, the Governor and Council, with 
the Representatives of the people, not only acquiesced in, and 
acted by virtue of, powers and authorities thus derived, alid thus 
limited by instructions, but by a law, or order, they required to be 
observed throughout tlie province, a day of solemn thanksgiving to 
Almighty God, for the distinguishing marks of royal favor in this 
settlement of government. 

This has been the tenor of the commissions to all succeeding 
Governors ever since, and their instructions have been, from time 
to time, as there has been occasion for it, communicated to the 
Council and to the House of Representatives, sometimes at their 
request, and have been entered in their minutes and journals, and 
I never heard that the King's authority to give such instructions, 
was ever called in question, until within these two years. In 



318 MASSACHUSETTS STATE PAPERS. 

structions from the Crown have been, in fact, part of our constl- 
tutioa for fourscore years together. 

I will now endeavor to shew that there has not been any excep- 
tion taken to his Majesty's instruction, to remove the Assembly 
from the town of Boston, which will not equally avail against in- 
structions in general, or in any other particular case whatsoever. 

It has been said, that the Crown has parted with its prei-ogative 
of determining the time and place of convening the Assembly, and 
given it to the Governor, to be used as he shall judge necessary; 
therefore, an instruction which controls the Governor's discre- 
tion, the exercise of this power cannot be said to be an instruction 
in puz'suance of the charter, and agreeable to the constitution. 

I must observe to you, that all the powers which are given, by 
the charter, to the Governors, without the words, as he shall judge 
necessary, are as ample as those which are given with them, for 
the Governor is to exercise the general powers given him, accord- 
ing to his best discretion, which is, in other words, as he shall 
judge necessary. But, if you will attend to the charter, you will 
find a peculiar propriety in the use of the words, in that para- 
graph, for another purpose. The Governor is required to convene 
the Assembly, the last Wednesday in May, in every year, for the 
election of Counsellors, and this he must do, whether he judges it 
necessary or not ; but then, he is empowered to adjourn, prorogue, 
and dissolve it, from time to time, as he shall judge necessary; 
which words are used merely to denote, that he is not confined to 
any other time of convening the Court, except the last Wednesday 
in May. What pretence then, can there be, to distinguish this 
from any other power, or what exercise of power can there be, 
pursuant to the charter, by force of an instruction, if this is not.** 
If it be said, that, in other instances also, of power given to the 
Governor to use, according to his discretion, the King has parted 
with his prerogative, the reserve made by the Crown, to give in- 
structions to the Governor, can, in no case whatsoever, have any 
effect. The fallacy of the whole argument, will appear from this 
distinction. Where the charter gives any privilege to the people, 
as in the case just mentioned, of an Assembly to be held every 
last Wednesday in May, and the like, in such cases, an instruc- 
tion to restrain the Governor, may be said to be repugnant to the 
charter. Where it gives power to the Governor, to be used ac- 
cording to discretion, or, as he shall judge necessary, there an in- 
gtruction to direct or guide, in the exercise of such power, is not 
repugnant, but pursuant to the charter. And there is no contra- 
diction in it, for the Governor may very well be supposed to have 
general power of acting according to his own discretion, and, 
nevertheless, be subject in special instances, or on special occa- 
sions, to the contiol of royal wisdom or discretion. 

It has been further urged, as an objection to this particular in- 
struction, that the King, at the distance of three thousand miles, 



MASSACHUSETTS STATE PAPEBS. 319 

cannot foresee the proper time and place for convening the Gene- 
ral Assembly. It is enough, for my present purpose, to observe, 
that his Majesty may have so full a knowledge of the state and 
circumstances of a particular town or place, as to be able to deter- 
mine that it is not proper to convene the Assembly there. Upon 
such knowledge, I doubt not, this instruction was founded, and I 
have no reason to expect that any other instruction w ill ever be 
given, which cannot be as well justified. 

There has been one more objection made to this exercise of the 
prerogative, viz. : That it is a power in trust, to be exercised for 
the good of the province, and the House of Representatives have 
a right to judge for themselves, whether it is thus exercised. If 
nothing more is intended, than, that the House of Representatives 
have a right to judge of the exercise of that, or any other part of 
the prerogative, and when they have any cause of complaint, to 
seek redress by representations to his Majesty, or in any consti- 
tutional way, I do not know that any body will deny it ; but 
then, I know not to what purpose it is adduced. If it be intend- 
ed, that, when the Governor, by his Majesty's order, convenes the 
Assembly at a time or place, which appears to them to be incon- 
venient or improper, they have, therefore, a right to refuse to 
appear, or refuse to proceed upon business, or that they have a 
right to continue to sit after the Governor has prorogued, or dis- 
solved the Assembly, in their judgment, unreasonably or unneces- 
sarily, will not this imply a contradiction ? Is it not allowing a 
full power to do a thing, and, at the same time, admitting a power 
to defeat it, and prevent the full power from having any ettect .'' 

Thus, I think I have obviated all the objections which have been 
made to this instruction, in particular. I have already observed 
to you, that instructions, in genei-al, are supported by your char- 
ter 5 I must now add, that, had no such express provision been 
made, they would have been unexceptionable and constitutional. 
The King is the head of the government, not only in the realm, 
but in the plantations. Local distance will not admit of the ex- 
ercise of the royal authority in the plantations, by the King in 
person. This authority remains, notwithstanding, and, although 
it must be exercised by a substitute, yet, as much as may be ol 
the royal guidance and influence, is to be preserved and maintain- 
ed. This must be done by instructions for the general conduct of 
the Governor, and upon special occasions, as extraordinary un- 
foreseen events may make them necessary. 

But what benefit can we propose, if it should be admitted, that 
the Governor is not liable to be controled by instructions ? The 
reserve in the royal commission is not made to deprive the people 
of any privilege, but to restrain the Governor from using, to their 
oppression or hurt, or to the diminution of the just prerogative of 
the Crown, that power and authority with which he is entrusted. 
Shall we be more safe with a Governor, left altogether to his own 



320 MASSACHUSETTS STATE PAPERS. 

discretion, than with one who is under the tontrol and guidance 
of our Sovereign ? The House of Representatives, to which I 
have befoie referred you, thonght not. In a message to the Gov- 
ernor, in the reign of his Majesty's royal grandfather, they very 
properly observe, " it is not reasonable we should confide in an}" 
Governor whatsoever, so much as in our gracious King, the com- 
mon father of all his people, who is known to delight in nothing 
so much, as in their happiness ; and whose interest and glory, and 
that of his royal progeny, are inseparable from the prosperity 
and welfare of his people ; whereas, neither the prosperity nor 
adversity of a people, attect a Governor's interest, when he has once 
left them." 

We have abundant reason, to adopt the same language and sen- 
timent in the reign of his present Majesty, who has nothing more 
at heart, than the happiness and prosperity of his subjects, in all 
parts of his dominions. 

In conformity to the charter, which limits the time of your con- 
tinuance, I am now obliged to dissolve an Assembly, which has 
discovered a very good disposition to such measures as tend to 
promote the prosperity of the province. I have great reason to 
believe, the people of the province in general, are in the same dis- 
position, and that I shall meet a new Assembly, as well inclined 
to the like measures. T. HUTCHINSON. 



SPEECH 

OF THE GOVEKNOR TO THE TWO HOUSES, MAY 28, 1772. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives , 

In conformity to the powers and privileges granted by the 
royal charter, you have been convened at this place, in order to 
the election of Counsellors for the ensuing year; and this busi- 
ness being finished, you have now an opportunity of proceeding to 
the consideration of such other public aftairs as may properly come 
before you. In every measure, as far as shall consist with my duty 
to the King, and with the welfare and prosperity of the province, 
I will cheerfully concur with you. 

I have nothing in special command from his Majesty, to lay be- 
fore you. Most of you are so well acquainted with the usual bu- 
siness of the General Assembly, at this annual session, that I need 
not particularly point it out to you. 

I transmitted, by the first opportunity, to his Excellency the 



MASSACHUSETTS STATE PAPERS. 321 

Governor of New York, a copy of the act of the last Assembly, 
appointing commissaries, in order to the settlement of the line be- 
tween the two provinces. I doubt not I shall soon receive an an- 
swer, and be able to communicate it to you. In the course of the 
session I shall probably propose to you, by message, the consider- 
ation of some other public matters, tor which, at present, I am not 
fully prepared. T. HUTCHINSON. 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
MAY 29, 1772. 

May it 'please your Excellency, 

The House of Representatives have deliberately considered 
your speech at the opening of this session. Your l^xcellency is 
pleased to say, that, " in conformity to the powers and privileges 
granted by the royal charter, we have been convened at this place, 
in order to the election of Counsellors for the ensuing year." It 
is a charter riglit, that a General Assembly shall be convened on 
the last Wednesday in May, annually, for the choice of Counsel- 
lors ; but the convening and holding the General Assembly at 
Harvard College, in Cambridge, is a measure very grievous to us ; 
and it requires the greatest degree of candor, to suppose it to be 
for the good of the people, Avhich is the sole end for which the 
powers vested in you, by the charter, were granted. 

The Town House, in Boston, is the accustomed ancient place 
for holding the General Assembly, and where alone provision is 
made for it. It does not appear to us, that there was any necessity 
for convening the Assembly in this place, nor can we conceive of any 
for continuing it here. Without such necessity, the continuing 
the Assembly in any other place than the Town House, in Boston, 
will be a very great grievance, and an undue exercise of your 
power. And, as we cannot, without the greatest inconvenience, 
proceed to the consideration of the public business in this place, 
which is very pressing, and greatly in arrears, by reason of the 
prorogations the last year, we are constrained to lay before your 
Excellency, our earnest request, that you would be pleased to I'e- 
move the Assembly, to the Town House, in Boston, where we 
may, with the gieatest advantage and despatch, transact all such 
public matters as are now before us, together with such others, as 
your Excellency shall propose for our con-jideration. 
41 



322 MASSACHUSETTS STATE PAPERS. 



MESSAGE 

FllOI^I HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF 
REPRESENTATIVES, MAY 30, 1772. 

Gentlemen of the House of Representatives, 

I AGREE with you that the powers vested in me, by charter, 
are to be exercised for the good of the people, and I have made 
this the great object of my administration. I wish to avoid every 
thing which shall appear to you to be grievous ; and, although 1 
cannot agree with you, that, unless there be a necessity of holding 
the Court in some other place than the town of Boston, it must, 
therefore, be a grievance to remove it from thence ; yet, I will take 
the subject matter of your message into consideration, and if it 
shall not appear to me necessary for his Majesty's service, and 
the good of the province, to continue the Court in some other 
place than the town of Boston, I will comply with your desire and 
remove it there. If it shall appear to me necessary to continue it 
in some other place, although, by the constitution, I am made the 
judge of that necessity, yet, I will endeavor by another message, 
to convince you of it, that you may proceed in your business, with 
the greater satisfaction. ' T. HUTCHINSON. 



MESSAGE 

f ROM HIS EXCELLENCY THE GOVERNOR TO THfi HOUSE OB 
REPRESENTATIVES, JUNE 3, 1772. 

Gentlemen of the House of Representatives, 

As I wish to have a just understanding of every expression in 
any message which comes to me from the House of Representatives, 
I must desire you to acquaint me, whether, when you say in your 
message of the 29th May, that it does not appear to you there was 
any necessity of convening the Assembly at Cambridge, you intend 
my convening it there when I first removed it from Boston, or my 
convening it there the present year. As soon as I am ascertained 
of this, I shall be ready to give you a full answer to your mes- 
sage. T. HUTCHINSON. 



MASSACHUSETTS STATE PAPERS. 3S3 



ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 

JUNE 3, 1772. 

May it please your Excellency, 

In answer to your message of this clay, this House beg leave 
to say. that they judge the intention of the expression, particularly 
referred to by your Kxcellency, as well as of all other expressions 
in their message of the 29th of May, to be sufficiently clear and 
plain, and, therefore, it is altogether needless to make any expla- 
nation of them ; and hope your Excellency will not delay to give 
a full answer to that message. 



MESSAGE 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE QP 

REPRESENTATIVES, JUNE 3, 1773, 

Gentlemen of the House of Representaiives, 

I MUST govern myself by the measure, not of your understand- 
ing, but my own. What appears to you to be sufficiently plain, 
appears to me to be doubtful and equivocal. As it may be con- 
strued one way or the other, so in complying with your desire, 
founded upon this, among other reasons, 1 should, or should not, 
conform to the instructions of the King, whose servant I am. As 
reserved as you have been in your, message to me, I will be unre- 
served and open with you. Whilst you dispute the authority by 
which I removed the Court from Boston, I do not intend to carry 
it thither again ; and whensoever [ shall receive his Majesty's 
instructions for exercising the just prerogative of the Crown, in 
any case, I will observe them without violation in any degree ; and 
when your intention in any message appears to me uncertain, and 
you refuse to make it certain, I think it will be a sufficient justifi- 
cation for my refusal to do any thing in consequence of such mes- 
sage, so long as the uncertaintv remains. 

T. HUTCHINSON. 



MASSACHUSETTS STATE PAPERS. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOB, 

JUNE 6, 1772. 

May it please your Ejccellency, 

The House of Representatives beg leave to acquaint your 
Excellency, that a motion was made on the first Friday of this 
session, to assign a time for the consideration of a suitable grant 
for the support of his Majesty's Governor of the province. But, it 
being suggested to the House, that your Excellency was not pleased, 
the last year, to give your consent to a bill, which passed both 
Houses of Assembly, in their first session, for granting the sum of 
thirteen hundred pounds for the support of your Excellency, the 
House thought proper to direct the attendance of the Secretary, to 
give information touching this matter, who, expressly said, that 
your Excellency did not give your consent to said bill. 

This House is wholly at a loss to account for that measure, un- 
less provision is made for the support of your Excellency, other- 
wise than by the grants and acts of the General Assembly of the 
province. 

By the royal charter, it is incumbent upon the General Assem- 
bly to make adequate provision for the support of his Majesty's 
government of this province, and every act for the making such 
provision, is to be originated by the House of Representatives. 

The support of his Majesty's Governor of the province, is an 
important part of the support of his Majesty's government here. 

If provision is made for the support of your Excellency, other- 
wise than by the grants and acts of the General Assembly, it is 
absolutely requisite that this House should be acquainted with it. 
They, therefore, pray, that your Excellency would be pleased to 
inform them, whether provision is made for the support of your 
Excellency, as Governor of this province, in any way and manner, 
other than has been heretofore used and practised, to wit, by the 
grants and acts of the General Assembly ; and, if it is so, in what 
way and manner that provision is made. 



MESSAGE 

FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE Ot 
REPRESENTATIVES, JUNE 13, 1772. 

Gentlemen of the House of Representatives, 

By inspecting the journal of the proceedings of the House of 
Representatives, in April, 1771, you will find, that, in answer to 



MASSACHUSETTS STATE PAPERS. 32o 

a message from the House, I then observed, that his Majesty has 
been enabled, by an act of Parliament, to make a certain and ade- 
quate provision for the support of the civil government in the col- 
onies, as his Majesty shall judge necessary. 

I am now able to acquaint you, that his Majesty has been gra- 
ciously pleased to make pi-ovision for my support, in the station, 
in which he has thought fit to place me ; and, as this is judged to 
be an adequate support, I must conclude it cannot be his Majes- 
ty's pleasure, that, without his special permission, which has not 
yet been signified to me, 1 should accept of any grant from the 
province, in consideration of the ordinary government services 
done, or to be done, by me. T. HUTCHINSON. 

[The General Court was then adjourned to Boston, to meet on 
the 16th.] 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REFRESENTATH'ES. 
JULY 10, 1772. 

Gentlemen of the House of Representatives, 

I AM informed, that, in consequence of my answer to your 
message of the 6th of June, you have passed certain votes, or re- 
solves, which you have ordered to be entered upon your journals. 
It may be of importance to his Majesty's service, that I should 
have as early knowledge, as may be, of the proceedings of the 
House of Representatives, especially in matters of this nature, I 
must desire you to direct, that I be furnished with an attested 
copy of such votes or resolves, from your journals, if any sucii 
have been ordered to be entered there. T. HUTCHINSON. 



REPORT AND RESOLUTIONS 

ADOPTED BY THE HOUSE OF REPRESENTATIVES, JULY 10, 1772.' 

That the making provision for the support of the Governor 
of the province, independent of the grants and acts of the General 

* This report was made on the 4th, but was ordered to lie for a revision. The committet^, 
by whom this report, and the message of same date, were prepared, consisted of the Speaker, 
Maj. Hawley, Mr. S, Adams, Col. Worthingrton, Mr. Hancock, Col. WilKams, Capt. Heatir, 
Col. Warren, and Col. Bowers.. 



326 MASSACHUSETTS STATE PAPERS. 

Assembly, is, in the opinion of the committee, an infraction upou 
the rights granted to the inhabitants, by the royal charter, and in 
derogation of the constitution. 

The charter of this province, is a most solemn contract, not only 
between King William and Queen Mary, by whom it was granted, 
of the one part, and the inhabitants of the province, of the other ; 
but also between the heirs and successors of their royal Majesties, 
and the successors of the said inhabitants forever. This appears 
from the very words and tenor of the charter. 

By the said cliarter, it is established and ordained, " That there 
shall be one Governor, to be, from time to time, appointed and 
commissioned by t!ie King :" and, it is also herein expressly 
granted, that " the General Assembly shall have full power and 
authority to impose and levy reasonable rates and taxes for the 
support of his Majesty's government of the province ;" of which, 
the support of the Governor is a most material and important 
part. 

That the great and General Court or Assembly, of this province, 
is, by the charter, vested with the exclusive right of judging what 
is an adequate support of his Majesty's government of this pro- 
vince, and of determining in what way and manner, provision for 
that purpose shall be made, appears not only from the natural and 
obvious sense and meaning of the words and terms of the char- 
ter, but from the constant and uninterrupted usage and practice 
upon that charter, for more than eighty years, from the time when 
it was granted. 

That the support of the Governor is part of the support of the 
government of the province, not only has been the constant sense 
of the General Assemblies of this province; but it also appears, 
from the act of the British Parliament, referred to in his Excel- 
lency's message, and his Majesty's determination therein ; for in 
the message, his Excellency informs the House, that he had ob- 
served in his answer to a message of a former House, " that his 
Majesty had been enabled, by an act of Parliament, to make a cer- 
tain and adequate provision for the support of civil government in 
the colonies." And in this message he declares, that " he is able 
to acquaint the House, that his Majesty has been graciously pleased 
to make provision for his support in the station, in which he has 
thought fit to place him ;" by which, his Excellency cannot be un- 
derstood to intend any other than his station as Governor of this 
province. And by the connexion of the several parts of the mes- 
sage, it is most plainly to be inferred, that his Excellency would 
acquaint the House, that his Majesty had made that provision in 
consequence of, and by the power vested in him, by an act of Par- 
liament, which enabled him to make provision for the support of 
the civil government of the colonies. So that, unless it should be 
supposed that his Majesty himself hath mistaken the true sense of 
the act, it is evidently the opinion of the British Parliament, that 



MASSACHUSETTS STATE PAPERS. 327 

the support of a Governor is part of the support of the government 
of a colony. 

That the power and authority of providing for tlie support of 
the Governor, should be vested in the General Assembly, is neces- 
sary to preserve the freedom of the constitution. For, if tiie 
King, who has the absolute power of appointina; and commission- 
ing the Governor, shall also have the power of judging and deter- 
mining what shall be a reasonable and adequate support for Iiim, 
and of the ways and means of making provision for tliat purpose, 
there remains no check at all upon the power, devolved by cliarter, 
on the Crown. And a power witiiout a check, is, so far forth, de- 
structive of the freedom of the constitution. 

Moreover, this is a most dangerous innovation, as it affords a 
precedent for future more extensive evil of the same kind. For, 
with equal reason, ma}^ the Crown take and exercise the power 
of judging and determining what shall be an adequate support for 
every other part of civil government, and the ways and means of 
making provision therefor ; which would take away the freedom 
of tiie constitution, and establish arbitrary government within the 
province. 

Although it may not be affirmed, that the Governor, by being 
altogether dependent upon the Crown for his support, becomes 
positively vested with any new powers which were not granted to 
him by the charter, or that his department in government is en- 
larged, yet, the relation he before stood in to the people, by his de- 
pendence on them, is altered. That check upon the exercise of 
the powers that are vested in him, by the charter, which was evi- 
dently designed to remain in the General Assembly, is annihilated ; 
and he may, if he pleases, exercise even his constitutional powers, 
in such a manner as sha^l be injurious and oppressive to the peo- 
ple, without restraint. He is, therefwe, a Governor, not depend- 
ent upon the people, as the charter prescribes, and, consequently 
not, in that respect, such a Governor as the people consented to, 
at the granting thereof. 

The support of government, and the means of its defence, ought 
to depend, and, in all free governments, it does depend upon the 
grants of the people, made by Representatives of their own free 
election, and the acts of the Legislative. And adequate provis- 
ion is thus made for these purposes, as is judged and determined 
by the Representatives of the people to be reasonable ; propor- 
tioned to their abilities, and the station and merit of those who are 
entrusted with the administration. This has been claimed as the 
undoubted right of the Parliament and people of England, and 
so adjudged, for many ages past. 

As it is clearly the right of the Legislative of this province, the 
General Assembly have always made adequate provision for the 
support of the Governor. The advice, therefore, given to his Ma- 
jesty, to take upon himself the payment of his Governor, must 



328 MASSACHUSETTS STATE PAPERS. 

have been grounded upon false information, or proceeded from a 
temper inimical to the good people of this province. Whatever 
may have been the design of administration, it is a measure, where- 
by, not only the just right of the General Assembly of this province 
is rescinded, but the highest indignity is thrown upon it ; as though 
it was either not disposed to make adequate provision for, or not 
the competent judges of, the support of the government, upon 
which the safety and welfare of the people depends. 

For these reasons, the committee beg leave, further to report the 
following resolutions, for the consideration and acceptance of the 
House. 

Whereas, in and by the charter of this province, the full power and 
authority to impose and levy proportionable and reasonable rates 
and taxes upon the estates and persons of all and every the pro- 
prietors and inhabitants of the province, for his Majesty's service, 
in the necessary defence and support of his government therein, 
is vested in the General Assembly : and the rates and taxes by 
them imposed and levied for the purposes aforesaid, are to be dis- 
posed of, according to such acts as are, or shall be in force therein : 

And, whereas the support of his Majesty's Governor of the pro- 
vince, is one material and most important part of the support of 
his Majesty's government therein : 

1. Resolved, That, by virtue of the full powder and authority 
granted by the charter as aforesaid, the General Assembly is the 
constituted judge of the adequate support of his Majesty's Gover- 
nor, and the rates and taxes necessary to be imposed and levied 
for that purpose ; therefore, 

£. Resolved, That the imposing and levying rates and taxes, 
and making provision for the support of the Governor, otherwise 
than by the grants and acts of the General Assembly, is an infrac- 
tion upon the charter in a material point, whereby a most impor- 
tant trust is wrested out of the hands of the General Assembly, 
and it is deprived of a most important part of Legislative power 
and authority vested therein by the charter, and necessary for the 
good and welfare of the province, and the support and government 
thereof. 

S. Resolved, That the General Assembly of this province, hath 
ever since the charter was granted, from time to time, by their 
own grants and acts, made suitable and adequate provision for the 
support of his Majesty's Governor thereof. 

4. Resolved, That the Governor's having and receiving his sup- 
port independent of the grants and acts of the General Assembly, 
is a dangerous innovation, which renders him a Governor not de- 
pendent on the people, as the charter has prescribed, and conse- 
quently, not, in that respect, such a Governor as the people con- 
sented to, at the granting thereof. It destroys that mutual check 
and dependence, which each branch of the Legislative ought to 
have upon the others, and the balance of power which is essential 



MASSACHUSETTS STATE PAPERS. 329 

to all free governments. And this House do most solemnly pro- 
test, that the innovation is an important change of the constitu- 
tion, and exposes the province to a despotic administration of gov- 
ernment. 

And, whereas, the General Assembly hath, from the beginning, 
made ample provision for the support of his Majesty's Governor: 

5. Resolved, That the advice given to his Majesty, that it was 
necessary for his Majesty's service, and the good and welfare of 
this province, that certain and adequate provision should be made 
for the support of the Governor thereof, otherwise than as has 
been the invariable practice, by the grants and acts of the Gen- 
eral Assembly, was, in the opinion of this House, either grounded 
on false information, or it proceeded from a temper inimical, as 
well to his Majesty, as to the people of this province. 

6. Resolved, That a message go up to his Excellency the Gov- 
ernor, assuring him, that this House is ready to make him the 
usual annual grant, and other ordinary provision for his support; 
provided, his Excellency will accept the same, in full considera- 
tion " of the ordinary services of government done, or to be done, 
by him ;" and praying his Excellency, that if he is determined in 
his opinion, that he cannot, " without his Majesty's special per- 
mission, accept of any grant from the province," for his support, as 
Governor thereof, he would make application to his Majesty, that 
he would be graciously pleased to give further order, that his Ex- 
cellency may, without restraint, receive his whole support from 
this government, according to ancient and invariable usage. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE OOVERNOBji 
JULY 10, 1772, 

May it please your Excellency, 

The House of Reprt ^entatives, after the most deliberate con- 
sideration of your message of the ISth June, are of opinion, that 
the making provision for your Excellency's support m the station, 
in which his Majesty has ueen pleased to place you, ..i Governor of 
this province, independent of the grants and acts of the General 
Assembly, and your Excellency's receiving the same, is an infrac- 
tion on the rights granted to the inhabitants of the province, hj 
the royal charter, and in derogation of the freedom of the civil 
constitution. This House is ready, with cheerfulness, to make 
the usual annual grant, and other ordinary provision ; provided 
42 



330 MASSACHUSETTS STATE PAPERS. 

your Excellency will receive the same for your whole support, as 
Governor of the province. 

Your Excellency has been pleased to signify to the House, your 
opinion, that you cannot, without his Majesty's special permission, 
receive any grant from the province, for your support, as Governor. 
If your Excellency is fully determined in this opinion, we pray 
you to make application to his Majesty, that he would be graciously 
pleased to give further orders, whereby you may, without any re- 
straint, receive your support from this government, according to 
ancient and invariable usage. 



** MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
JULY 13, 1772. 

Gentlemen of the House of Representatives, 

I THINK it incumbent on me, to put you in mind of the ruin- 
ous state of the Province House, with the yards, out houses, and 
appendages. I imagine it must cost double the sum to repair it 
the next year, as will be sufficient at present, and it is most pro- 
bable, that I shall not be able to keep my family there another 
winter. It would be most agreeable to my inclination, to reside 
wholly at my house in the country, and it is for the convenience 
of the inhabitants of the town of Boston, and other persons who 
occasionally come there, and have public business to transact, that 
I spend so much of my time in Boston. When the house pro- 
vided for the Governor, is not in a tenantable repair, I think there 
can be no exception, if I change the place of my residence. 

T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
JULY 14, 1772. 

May it please your Excellency, 

In answer to your message of yesterday, this House beg leave 
to observe, that they are not uiiapprized that the Province House 
is out of repair, and that expense might be saved, by making such 



MASSACHUSETTS STATE PAPEItS. 331 

repairs as are necessary, as soon as may be. But, that building 
was procured for the residence of a Governor, whose whole sup- 
port was to be provided for by the grants and acts of the General 
Assemblj^, according to the tenor of the charter ; and, it is the 
opinion of this House, that it never was expected by any Assem- 
bly of this province, that it would be appropriated for the resi- 
dence of any Governor, for whose support, adequate provision 
should be made in another way. Upon this consideration, \yecau- 
not think it our duty to make any repairs, at this time. 

Your Excellency may be assured, that this House is far from be- 
ing influenced by any personal disrespect. Should the time come, 
which we hope for, when your Excellency shall think yourself at 
liberty to accept of your whole support from this province, accord- 
ing to ancient and invariable usage, we doubt not, but you will 
then find the Representatives of this people ready |;p provide for 
your Excellency a house, not barely tenantable, but elegant. In 
the mean time, as your Excellency receives from his Majesty a 
certain and adequate support, ve cannot have the least appre- 
hensions that you will be so far guided by your own inclination, 
as that you will make any town in the province the place of your 
residence, but where it shall be most conducive to his Majesty's 
service, and the good and welfare of the people. 

[The committee who reported this message, were, Maj. Haw- 
Iey,*Mr. Ingersol, Mr. Adams, Mr. Bacon, and Capt. Heath.] 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
JULY 14, 1772. 

Gentlemen of the House of Representatives , 

In consequence of my message to you, of the 10th instant, you 
have caused to be laid before me the report of a committee, ac- 
cepted, and ordered to be entered upon your journals. This re- 
port contains certain resolves or declarations, which, as I conceive, 
are not well founded, but, on the contrary, tend to alter the con- 
stitutional dependence of this colony upon the Crown, and upon 
the Supreme Legislative authority of Great Britain. 

The sum of those resolves or declarations, maybe comprized in 
a few words. You have declared, that the support made for the 
Governor, by other powers than the legislative authority of this 
province, is a material infraction upon the charter ; Uiat the Gov- 
ernor is thereby rendered not dependent on the people, as the 
charter has prescribed, and consequently not, in that respect, such 



332 MASSACHUSETTS STATE PAPERS. 

a Governor as the people consented to ; that tlie mutual check and 
dependence of the branches of the Legislature is destroyed, and 
the province exposed to a despotic administration. You have 
likewise asserted, that the Assemblies, ever since the charter, have 
made adequate provision for the support of the Governor; that the 
advice to his Majesty to make provision for this support, proceed- 
ed from false information, or from a temper inimical to his Ma- 
jesty, and to the people of this province, and you have desired me 
to make application to his Majesty, that I may, without restraint, 
receive my whole support from this government, according to an- 
cient and invariable usage. 

In support of tliese declarations, you have first alleged, that the 
charter is a solemn contract between King William and Queen 
Mary, and their successors, on the one part, and the inhabitants 
of this province forever, on the other. If you meant no more by 
a solemn contract, than what is implied between the Crown as the 
grantor of certain powers and privileges, and the inhabitants of 
the colony as the grantees, by which they acquire a right to the 
use of those powers and privileges, until the charter in whole, or 
in part, shall be legally vacated, I would take no exception; but 
when you afterwards allege, that, by virtue of this contract, a 
power devolved on the Crown, of appointing a Governor, there is. 
too great room to apprehend, that some may suppose this contract 
to be something of the nature of the pacta conventa^ or covenants 
settled by treaty, between two independent states, which supposi- 
tion would have such a dangerous tendency, that it is necessary 
for me to define very particularly, the nature of a charter from the 
Crown, upon the principles of the English constitution, and to re- 
mind you of the particular circumstances which attended the grant 
of your charter. 

It is a part of the prerogative of the Crown, as w^ell as of the 
power and authority of Parliament, to constitute corporations or 
political bodies, and to grant to such bodies a form of government, 
and powers of making and carrying into execution such laws, as 
from their local, or other circumstances, may be necessary, the 
Supreme Legislative authority of the British dominions always re- 
maining entire, notwithstanding. Now, in order to share in the 
benefit of this authority, our ancestors, by their agents, did not 
propose a treaty, nor any thing of the nature of the pacta conventay 
which I have before mentioned, but, as subjects of England, first 
petitioned to Parliament, that by a legislative act, their vacated 
charter might be restored, and failing of success, afterwards, to 
use the words of the present charter, " made their humble appli- 
cation to King William and Queen Mary, that they would be gra- 
ciously pleased to incorporate their subjects in the colony, and to 
grant and confirm to them such powers, privileges, and franchises, 
as, in their royal wisdom, should be thought most conducing to 
their interest and service, and to the welfare and happy state of 



MASSACHUSETTS STATE PAPERS. 333 

their subjects in New England." The powers thus granted, were 
not, as you strangely allege, devolved on the Crown by our an- 
cestors, but passed from the Crown to its subjects. By this char- 
ter, a General Court, or Assembly, is constituted, and among other 
powers granted to the Assembly, are those of making laws, not 
repugnant to the laws of England, and imposing rates and taxes 
for the service of the Crown, in the necessary defence and sup- 
port of the Government. You have taken pains to prove what 
would not have been denied, that the support of the Governor 
must be included in the support of the government ; and you say, 
that, by the grant of full power to raise taxes, you have acquired 
an exclusive right of supporting the Governor, and, therefore, the 
support of the Governor by the Crown, must be an infraction upon 
the charter. Consider, gentlemen, where this argument will carry 
you. The saijie clause which empowers the Assembly to tax the 
people for the support, empowers it also to tax for the defence of 
government. The defence and support of government are, in 
their nature, duties, attended with burdens, rather than privileges; 
the powers given to the Assembly to tax, are in order to compel 
to the performance of these duties. Can it be supposed, that this 
grant of power to compel the people to submit to this burden of 
taxes, for the defence of the government, should exclude the Crown 
from affording its aid for this defence, when it shall be necessary. 
If you are in danger of being attacked by a foreign power, has the 
Crown deprived itself of the right of ordering a fleet for your de- 
fence, and must the colony be lost to this power, and would you, 
in that case, refuse this aid, because you have an exclusive right 
of defending the govern;nent yourselves ? Your charter gives you 
equal right to this objection in the case of defence, as in the case 
of support. 

- Should not so heavy a charge against the Crown, as that of mak- 
ing an infraction upon your charter, and wresting out of your 
hands, powers vested in you, have had something more than this 
shadow of an argument for its support ? a support so feeble, that 
I have no need to call to my aid the act of Parliament, which ena- 
bles the Crown to do what has been done, and which, if your 
claim from the charter had been better founded than it is, would 
have been sufficient to have rendered it of no effect. 
' If you fail of this exclusive right of supporting the Governor, 
your assei'tions that the charter prescribes a Governor dependent 
upon the people, and that you have not, in that respect, such a 
Governor as the people consented to, is altogether without founda- 
tion. 

You are equally unfortunate in your notions of the mutual check 
and dependence which each branch of the Legislature ouglit to 
have upon the other, as also in the nature of a free government, 
and of the English constitution. 

The mutual check which each branch of the Legislature ought 



334 MASSACHUSETTS STATE PAPERS. 

to have upon the other, consists in the necessity of the concur- 
rence of all the branches, in order to a valid act; and when any 
one branch withholds this concurrence, it is properly a check upon 
the other two. So far as this may be said to be a dependence, I 
agree with you, but this is not sufficient for your purpose, for the 
same check will remain in each branch when the salary of the 
Governor is paid by the Crown, as when it is paid by the province. 
Now this check does not aftect that freedom and independence in 
each branch, which is the glory of the English constitution, and 
which will not admit that any one should be compelled by tlie 
others to any act against its judgment. If I should violate this 
freedom and independence of the Council, or House of Represent- 
atives, I should justly incur his Majesty's displeasure. Is it not 
reasonable, that the Governor should be entitled to the like share 
of freedom and independence, in the exercise of his judgment with 
the other branches ? That independence which cannot consist 
with a free government, and which the English constitution abhors, 
and which may properly be termed despotism, is a freedom in 
those who are vested with executive and judiciary powers, from 
the restraint of known established laws, and a liberty of acting 
according to their own will and pleasure. This restraint, in your 
constitution, will remain the same, whether the Governor receives 
his salary from the Crown, or from the province. Thus, by con- 
founding the sense and meaning of the words, check and depend- 
ence, you have given a plausible appearance to your argument. 
This is an artifice which has often been made use of by writers in 
newspapers, with design to give false notions of government, and 
to stir up discontent and disorder ; but I am far from attributing 
any such design to the Members of the House of Representatives 
in general. 

Let me add, that the English constitution is founded upon these 
principles of freedom. The King, Lords, and Commons, have this 
mutual check upon each other ; they are, notwithstanding, alto- 
gether free and independent, and, that this freedom may be pre- 
served entire in the Crown, we find, that ever since the hereditary 
revenues have ceased, a revenue, known by the name of the civil 
list, has been established among the first acts of every reign, not 
temporary, or from year to year, but during the life or administra- 
tion of the Prince upon the throne. I have reason to think, that 
if the Governors of this colony maybe made equally secure of an 
adequate provision for their support, the Crown will never inter- 
pose. 

You find the same spirit of freedom run through the several offi- 
ces in the English government. The salaries of such persons as 
are entrusted with the executive and judiciary powers, do not 
depend upon grants made by the House of Commons, in proportion 
to their abilities, station, and merit, as you say it is essential to a 
free government that they should do, but certain fixed salaries and 



MASSACHUSETTS STATE PAPERS. 335 

emoluments are annexed to their officeB. Indeed, nothing can be 
more dissonant than your system from the spirit of the English 
constitution. 

You have made a forced construction of a clause in your char- 
ter, and have then made a very essential change in your constitu- 
tion, that it may agree with this construction. 

By your charter, the legislative power consists of three branch- 
es, and the consent of the Governor is expressly declared to be 
essential to every valid act of government. You say, notwith- 
standing, that he is constitutionally dependent upon the people 
for his support, and that this dependence is intended as a check. 
This check must be by withholding his support, when, in some 
case or other, he shall refuse to act, or act contrary^ in your 
judgment, to the duty of his station. If he gives up his own 
judgment, and conforms to yours, does not the act in such case 
cease to be the act of the Governor, and become the act of the 
House of Representatives, and will it not thus, so far destroy one 
branch of the constitution. 

Let me add further, if a Governor departs from his own judg- 
ment and conscience, is he not highly criminal, and will not the 
House of Representatives, Avhich compels him to it, be at least 
equally guilty with him ? 

I am sensible, that when all other exceptions to this representa- 
tion of your constitution are taken away, you will ask what secu- 
rity have we then against the oppression of a Governor ,'' The 
answer is obvious. The law and the constitution are your secu- 
rity ; if we depart from them, there is a power superior to him, to 
which he is accountable for his maleadministration. This is all 
the redress which can consist with the nature of a subordinate 
government. 

No state of government is perfect ; if we have all that perfection 
which the state we are in will admit of, we have no reason to com- 
plain. Indeed, we have no reason to fear ledress from any op- 
pression. So tender has been our most gracious Sovereign of the 
rights of his subjects, that, although I should humbly hope for royal 
forgiveness in case of inattention to some points, of no great im- 
portance, which might affect the prerogative, yet, I may not expect 
the forgiveness of any wilful invasion of your liberties. 

If, when you declare that the Assemblies, ever since the charter, 
have made an adequate provision for the support of the Governor, 
you intend a provision suitable to the dignity of his station, and 
not merely such, as in the judgment of the House, the particular 
merits of the Governor might require, you will not be able to main- 
tain your assertion ; on the contrary, it evidently appears, tliat in 
some instances the support of the Governor has been delayed un- 
til he has complied with the measures of the Assembly, and in 
others, defalcations have been made from it, in order to effect the 
same purpose. 



336 MASSACHUSETTS STATE PAPER8. 

If you had known the provision made for the support of the 
Governor, to have been, as it probably was, in consequence of the 
advice of his Majesty's Privy Council, you would not have de- 
clared that such ailvice was grounded upon false information, or 
proceeded from a temper inimical to his Majesty, and to the peo- 
ple of this province. 

After thus declaring my opinion of your proceedings, and giv- 
ing you my reasons in support of such opinion, you will not expect 
that I should make my application to his Majesty, agreeable to one 
of your resolves, and to your message, by your committee, to al- 
low me to receive my whole support from this government. 
Your votes or resolves, I must transmit, to be laid before his Ma- 

I have had repeated occasion to make my humble application, 
that the doings of the House of Representatives may be consider- 
ed in the most favorable light. 

I will do the same upon this occasion. From my personal 
knowledge of the majority of the Members of the House, who voted 
for the acceptance of this report, I am well assured that they have 
not done it from sinister views and purposes, but, that they have 
been induced to form an erroneous opinion of the rights and 
powers of the several branches of this Legislature. I wish that 
this may palliate Avhat it is not in my power to justify or excuse. 

- T. HUTCHINSON. 



SPEECH 

OF THE GOVERNOR TO THE TWO HOUSES, JANUARY 6, 1773, 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

I HAVE nothing in special command from his Majesty to lay 
before you at this time ; I have general instructions to recommend 
to you,' at all times, such measures as may tend to promote that 
peace and order, upon which your own happiness and prosperity, 
as well as his Majesty's service, very much depend. That the 
government is at present in a disturbed and disordered state, is a 
truth too evident to be denied The cause of this disorder, ap- 
pears to me equally evident, i wish I may be able to make it ap- 
pear so to you, for then, I may not doubt that you will agree with 
me in the proper measures for the removal of it. I have pleased 
myself, for several years past, with hopes, that tlia cause would 
cease of itself, and the eifect witli it, but I am disappointed ; and 
I may not any longer, consistent with my duty to the King, and 



MASSACHUSETTS STATE PAPERS. 337 

my regard to the interest of the province, delay communicating 
my sentiments to you upon a matter of so great importance. I 
shall be explicit, and treat the subject without reserve. I hope 
y(»u will receive what I have to say upon it, with candor, and, if 
you shall not agree in sentiments with me, I promise you, with 
candor, likewise, to receive and consider what you may offer in 
answer. 

When our predecessors first took possession of this plantation, 
or colony, under a grant and charter from the Crown of England, 
it was tneir sense, and it was the sense of the kingdom, that they 
were to remain subject to the supreme authority of Parliament. 
This appears from tlie charter itself, and from other irresistible 
evidence. This supreme authority has, from time to time, been 
exercised by Parliament, and submitted to by the colony, and hath 
been, in the most express terms, acknowledged by the Legisla- 
ture, and, except about the time of the anarchy and confusion in 
England, which preceded the restoration of King Charles the 
Second, I have not discovered that it has been called in question, 
even by private or particular persons, until within seven or eight 
years last past. Our provincial or local laws have, in numerous 
instances, had relation to acts of Parliament, made to respect the 
plantations in general, and this colony in particular, and in our 
Executive Courts, both Juries and Judges have, to all intents and 
purposes, considered such acts as part of our rule of law. Such 
a constitution, in a plantation, is not peculiar to England, but 
agrees with the principles of the most celebrated writers upon the 
law of nations, tnat " when a nation takes possession of a distant 
country, and settles there, that country, though separated from the 
principal establishment, or mother country, naturally becomes a 
part of the state, equally with its ancient possessions." 

So much, however, of the spirit of liberty breathes through all 
parts of the English constitution, that, although from the nature of 
government, there must be one supreme authority over the whole, 
yet this constitution will admit of subordinate powers with Legis- 
lative and Executive authority, greater or less, according to local 
and other circumstances. Thus we see a variety of corporations 
formed within the kingdom, with powers to make and execute 
such by-laws as are for their immediate use and benefit, the mem- 
bers of such corporations still remaining subject to the general 
laws of the kingdom. We see also governments established in the 
plantations, which, from their separate and remote situation, re- 
quire more general and extensive powers of legislation within them- 
selves, than those formed within the kingdom, but subject, never- 
theless, to all such laws of the kingdom as immediately respect 
them, or are designed to extend to them ; and, accordingly, we, in 
this province have, from the first settlement of it. been left to the 
exercise of our Legislative and Executive powers, Parliament occa- 
'^ '43 



S3S MASSACHUSETTS STATE PAPEllS. 

sionally, though rarely, interposing, as in its wisdom has been 
judged necessary. 

Under this constitution, for more than one hundred years, the 
laws both of the supreme and subordinate authority were in gen- 
eral, duly executed ; oli'enders against them have been brought to 
condign punishment, peace and order have been maintained, and 
the people of this province have experienced as largely the ad- 
vantages of government, as, perhaps, any people upon the globe; 
and they have, from time to time, in the most public manner ex- 
pressed their sense of it, and, once in every year, have offered up 
their united thanksgivings to God for the enjoyment of these 
privileges, and, as often, their united prayers for the continuance 
of them. 

At length the constitution has been called in question, and the 
authority of the Parliament of Great Britain to make and establish 
laws for the inhabitants of this province has been, by many, de* 
nied. What was at first whispered with caution, was soon after 
openly asserted in print ; and, of late, a number of inhabitants, in 
several of the principal towns in the province, having assembled to- 
gether in their respective towns, and have assumed the name of 
legal town meetings, have passed resolves, which they have order- 
ed to be placed upon their town records, and caused to be printed 
and published in pamphlets and newspapers. I am sorry that it is 
thus become impossible to conceal, what I could wish had never 
been made public. I will not particularize these resolves or votes, 
and shall only observe to you in general, that some of them deny 
the supreme authority of Parliament, and so are repugnant to the 
principles of the constitution, and that others speak of this su- 
preme authority, of which the King is a constituent part, and to 
every act of which his assent is necessary, in such terms as have a 
direct tendency to alienate the affections of the people from their 
Sovereign, who has ever been most tender of their rights, and 
whose person, crown, and dignity, we are under every possible 
obligation to defend and support. In consequence of these re- 
solves, committees of correspondence are formed in several of 
those towns, to maintain the principles upon which they are 
founded. 

I know of no arguments, founded in reason, which will be suffi- 
cient to support these principles, or to justify the measures taken 
in consequence of them. It has been urged, that the sole power 
of making laws is granted, by charter, to a Legislature established 
in the province, consisting of the King, by his Representative the 
Governor, the Council, and the House of Representatives ; that, 
by this charter, there are likewise granted, or assured to the inhab- 
itants of the province, all the liberties aud immunities of free and 
natural subjects, to all intents, constructions and purposes what- 
soever, as if they had been bOrn within the realms of England ; 



MASSACHUSETTS STATE PAPERS. 339 

that it is part of the liberties of English subjects, which has its 
foundation in nature, to be governed by laws made by their con- 
sent in person, or by their representative ; that the subjects in 
this province are not, and cannot be represented in the Parliament 
of Great Britain, and, consequently, the acts of that Parliament 
cannot be binding upon them. 

I do not find, gentlemen, in the charter, such an expression as 
sole power, or any words which import it. The General Court 
has, by charter, full power to make such laws, as arc not repug- 
nant to the laws of England. A favorable construction has been 
put upon this clause, when it has been allowed to intend such laws 
of England only, as are expressly declared to respect us. Surely 
then this is, by charter, a reserve of power and authority to Par- 
liament to bind us by such laws, at least, as are made expressly to 
refer to us, and consequently, is a limitation of the power given 
to the General Court. Nor can it be contended, that, by the limits 
of free and natural subjects, is to be understood an exemption 
from acts of Parliament, because not represented there, seeing it 
is provided by the same charter, that such acts shall be in force ; 
and if they that make the objection to such acts, will read the 
charter with attention, they must be convinced that tliis grant of 
liberties and immunities is nothing more than a declai*ation and 
assurance on the part of the Crown, that the place, to which their 
predecessors were about to remove, was, and would be considered 
"as part of the dominions of the Crown of England, and, therefore, 
that the subjects of the Crown so removing, and those born there, 
or in their passage thither, or in their passage from thence, would 
not become aliens, but would, throughout all parts of the English 
dominions, wherever they might happen to be, as well as within 
the colony, retain the liberties and immunities of free and natural 
subjects, their removal from, or not being born v/ithin the realm 
notwithstanding. If the plantations be part of the dominions of 
the Crown, this clause in the charter does not confer or reserve 
any liberties, but what would have been enjoyed without it, and 
what the inhabitants of every other colony do enjoy where they 
are without a charter. If the plantations are not the dominions 
of the Crown, will not all that are born here, be considered as born 
out of the liegeance of the King of England, and, whenever they 
go into any parts of the dominions, will they not be deemed aliens 
to all intents and purposes, this grant in the charter notwithstand- 
ing? 

They who claim exemption from acts of Parliament by virtue of 
their rights as Englishmen, should consider that it is impossible 
the rights of English subjects should be the same, in every respect, 
in all parts of the dominions. It is one of their rights as English 
subjects, to be governed by laws made by persons, in whose elec- 
ticJn they have, from time to time, a voice ; they remove from the 
kingdom, where, perhaps, they were in the full exercise of tliis 



340 MASSACHUSETTS STATE PAPERS, 

right, to the plantations, where it cannot be exercised, or where 
the exercise of it would be of no benefit to them. Does it follow 
that the government, by their removal from one part of the domin- 
ions to another, loses its authority over that part to which they 
remove, and that they are freed from the subjection they were 
under before; or do they expect that government should relin- 
quish its authority because they cannot enjoy this particular right? 
Will it not rather be said, that by this, their voluntary removal, 
they have relinquished for a time at least, one of the rights of an 
English subject, which they might, if they pleased, have continued 
to enjoy, and may again enjoy, whensoever they will return to the 
place where it can be exercised ? 

They who claim exemption, as part of their rights by nature, 
should consider that every restraint which men are laid under by 
a state of government, is a privation of part of their natural rights j 
and of all the different forms of government which exist, there can 
be no two of them in which the departure from natural rights is 
exactly the same. Even in case of representation by election, do 
they not give up part of their natural rights when they consent to 
be represented by such person as shall be chosen by the majority 
of the electors, although their own voices may be for some other 
person ? And is it not contrary to their natural rights to be 
obliged to submit to a representative for seven years, or even one 
year, after they are dissatisfied with his conduct, although they 
gave their voices for him when he was elected ? This must, there- 
fore, be considered as an objection against a state of government, 
rather than against any particular form. 

If what I have said shall not be sufficient to satisfy such as ob- 
ject to the supreme authority of Parliament over the plantations, 
there may something further be added to induce them to an ac- 
knowledgment of it. which, I think, will well deserve their con- 
sideration. I know of no line that can be drawn between the 
supreme authority of Parliament and the total independence of the 
colonies : it is impossible there should be two independent Legisla- 
tures in one and the same state ; for, although there may be but one 
head, the King, yet the two Legislative bodies will make two 
governments as distinct as the kingdoms of England and Scotland 
before the union. If we might be suffered to be altogether inde- 
pendent of Great Britain, could we have any claim to the protec- 
tion of that government, of which we are no longer a part f With- 
out this protection, should we not become the prey of one or the 
other powers of Europe, such as should first seize upon us .►' Is 
there any thing which we have more reason to dread than inde- 
pendence ? I hope it never will be our misfortune to know, by 
experience, the difference between the liberties of an English col- 
onist, and those of the Spanish, French, or Dutch. 

If then, the supremacy of Parliament over the whole British do- 
Tninions shall no longer be denied, it will follow that the mere ex- 



MASSACHUSETTS STATE PAPERS. 



341 



ercise of its authority can be no matter of grievance. If it has 
been, or shall be exercised in such way and manner as shall ap- 
pear to be grievous, still this cannot be sufficient ground for im- 
mediately denying or renouncing the authority, or refusing to sub- 
mit to it. The acts and doings of authority, in the most pertect 
form of government, will not always be thought just and equitable 
bv all the parts of which it consists ; but it is the greatest absurd- 
ity, to admit the several parts to be at liberty to obey, or disobey, 
according as the acts of such authority may be approved, or dis- 
approved of by them, for this necessarily works a dissolution ot 
the government. The manner, then, of obtaining redress, must be 
by representations and endeavors, in such ways and forms, as the 
established rules of the constitution prescribe or allow, in order to 
make any matters, alleged to be grievances, appear to be really 
such ; but, I conceive it is rather the mere exercise of this authority, 
which is complained of as a grievance, than any heavy burdens 
which have been brought upon the people by means of it. 

As contentment and order were the happy effects of a constitu- 
tion, strengthened by universal assent and approbation, so discon- 
tent and disorder are now the deplorable effects of a constitution, 
enfeebled by contest and opposition. Besides divisions and ani- 
mosities, which disturb the peace of towns and fatnilies, the law m 
some important cases cannot have its course j offenders ordered, 
by advice of his Majesty's Council, to be prosecuted, escape with 
impunity, and are supported and encouraged to go on offending? 
the authority of government is brought into contempt, and there 
are but small remains of that subordination, which was once very 
conspicuous in this colony, and which is essential to a well regu- 
lated state. , , J .^ ^ . , 

When the bands of government are thus weakened, it certainly 
behoves those with whom the powers of government are entrusted, 
to omit nothing which may tend to strengthen them. 

I have disclosed my sentiments to you without reserve. Let 
me entreat you to consider them calmly, and not be too sudden in 
your determination. If my principles of government are right, 
let us adhere to them. With the same principles, our ancestors 
were easy and happy for a long course of years together, and I 
know of no reason to doubt of your being equally easy and happy. 
The people, influenced by you, will desist from their unconstitu- 
tional principles, arid desist from their irregularities, which are 
the consequence of them ; they will be convinced that every thing 
which is valuable to them, depend upon their connexion with their 
parent state ; that this connexion cannot be carried in any other 
way, than such as will also continue their dependence upon the 
supreme authority of the British dominions ; and that, notwith- 
standing this dependence, they will enjoy as great a proportion of 
those, to which they have a claim by nature, or as Englishmen, as 
can be enjoyed by a plantation or colony. 



$i2 MASSACHUSETTS STATE PAPERS. 

If I am wrong in my principles of government, or in the infer- 
ences which I have drawn from them, I wish to be convinced of 
my error. Independence, I may not allow myself to think that 
you can possibly have in contemplation. If you can conceive of 
any other constitutional dependence than what I have mentioned, 
if you are of opinion, that upon any other principles our connexion 
with the state from which we sprang, can be continued, communi- 
cate your sentiments to me with the same freedom and unreserv- 
edness, as I have communicated mine to you. 

I have no desire, gentlemen, by any thing I have said, to pre- 
clude you from seeking relief, in a constitutional way, in any 
cases in which you have heretofore, or may hereafter suppose that 
you are aggrieved ; and, although I should not concur with you in 
sentiment, I will, notwithstanding, do nothing to lessen the 
weight which your representations may deserve. I have laid be- 
fore you what I think are the principles of your constitution ; if 
you do not agree with me, I wish to know your objections ; they 
may be convmcing to me, or I may be able to satisfy you of the 
insufficiency of them. In either case, I hope we shall put an end 
to those irregularities, which ever will be the portion of a govern- 
ment where the supreme authority is controverted, and introduce 
that tranquillity, which seems to have taken place in most of the 
colonies upon the continent. 

The ordinary business of the session, I will not now particularly 
point out to you. To the enacting of any new laws, which may 
be necessary for the more equal and effectual distribution of jus- 
tice, or for giving further encouragement to our merchandize, 
fishery, and agriculture, which, through the divine favor, are al- 
ready in a very flourishing state, or for promoting any measures, 
which may conduce to the general good of the province, I wilt 
readily give my assent or concurrence. T. HUTCHINSON. 



ANSWER 

OP THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, 
OF JANUARY 6 JANUARY 25, 1773. 

May it please your Excellency, 

The Board have considered your Excellency's speech to both 
Houses, with the attention due to the object of it ; and, we hope^ 
with the candor you were pleased to recommend to them. We 
thank you for the promise, that, " if we shall not agree with you 
in sentiment, you will, with candor, likewise receive and consider 
what we may offer in answer." 



MASSACHUSETTS STATE PAPERS. 



34J 



Your speech informs the two Houses, that this government is at 
present in a disturbed and disordered state ; that the cause ot 
this disorder is the unconstitutional principles adopted by the peo- 
ple, in questioning the supreme authority of Parliament ; and that 
the proper measure for removing the disorder, must be the substi- 
tuting of contrary principles. 

OuV opinion on these heads, as well as on some others, propei 
to be noticed, will be obvious, in the course ot the following ob- 
servations. , „ „ . 
With regard to the present disordered state of the government, 
it can have no reference to tumults or riots ; from which this gov- 
ernment is as free as any other, whatever. If your Excellency 
meant, only, that the province is discontented, and in a state ot 
uneasiness, we should entirely agree with you ; but you will per- 
mit us to say, that we are not so well agreed in the cause ot it. 
The uneasiness, which was a general one, throughout the colonies, 
began when you inform, the authority of Parliament was first 
called in question, viz. about seven or eight years ago. Your men- 
tioning that particular time, might have suggested to your t.xcel- 
lency the true cause of the origin and continuance of that uneasi- 
ness. . , 

At that time, the stamp act, then lately made, began to operate ; 
which, with some preceding and succeeding acts of Parliament, 
subjecting the colonies to taxes, without their consent, was the 
original cause of all the uneasiness which has happened since ; and 
has also occasioned an inquiry into the nature and extent ot the- 
authority, by which they were made. The late town meetings in 
several towns, are instances of both. These are mentioned by 
your Excellency, in proof of a disordered state. But, though we 
do not approve of some of their resolves, we think they had a 
clear right to instruct their Representatives in any subject they ap- 
prehended to be of sufficient importance to require it ; which ne- 
cessari'y implies a previous consideration and expression of their 
minds on that subject, however mistaken they may be concerning it. 
When a community, great or small, think their rights and privi- 
leges infringed, they will express their uneasiness in a variety ot 
ways; some of which, may be highly improper and criminal, bo 
far as any of an atrocious nature have taken place, we would ex- 
press our ablwrrence of tliem ; and, as we have always done, hith- 
erto, we shall continue to do every thing in our power, to discour- 
age and suppress them. But it is in vain to hope that this can be 
done effectually, so long as the cause of the uneasiness exists. 
Your Excellency will perceive that the cause you assign, is, by us, 
supposed to be an effect, derived from the original cause, above 
mentioned ; the removal of which, will remove its effects. 

To obtain this removal, we agree with you in the method pointed 
out in your speech, where you say, " the manner of obtaining re- 
dress must be by representation, and endeavors, in such ways and 



344: MASSACHUSETTS STATE PAPERS. 

forms as the constitution allows, in order to make any matters al- 
leged to be grievances, appear to be really such. 

This method has been pursued repeatedly. Petitions to Parlia- 
ment have gone from the colonies, and from this colony in partic- 
ular ; but without success. Some of them, in a former Ministry, 
were previously shewn to the Minister, who, as we have been in- 
formed, advised the Agents to postpone presenting them to the 
House of Commons, till the first reading of the bill they referred 
to ; when, being presented, a rule of the House against receiving 
petitions on money bills, was urged for rejecting them, and they 
were rejected, accordingly ; and other petitions, for want of for- 
mality, or whatever was the reason, have had the same fate. This 
we mention, not by way of censure on that honorable House, but in 
some measure to account for the conduct of those persons, who, 
despairing of redress, in a constitutional way, have denied the just 
authority of Parliament ; concerning which, we shall now give 
our own sentiments, intermixed with observations on those of 
your Excellency. 

You are pleased to observe, that when our predecessors first 
took possession of this colony, under a grant and charter from the 
Crown of England, it was their sense, and the sense of the whole 
kingdom, that they were to remain subject to the supreme author- 
ity of Parliament ; and to prove that subjection, the greater part 
of your speech is employed. 

In order to a right conception of this matter, it is necessary to 
guard against any improper idea of the term supreme authority. 
In your idea of it, your Excellency seems to include imlimited 
authority ; for, you are pleased to say, that you know of no line ^ 
which can be drawn between the supreme authority of Parliament, 
and the real independence of the colonies. But if no such line 
can be drawn, a denial of that authority, in any instance whatev- 
er, implies and amounts to a declaration of total independence. 
But if supreme authority, includes unlimited authority, the subjects 
of it are emphatically slaves ; and equally so, whether residing in 
the colonies, or Great Britain. And, indeed, in this respect, all 
the nations on earth, among whom government exists in any of its 
forms, would be alike conditioned, excepting so far as the mere 
grace and favor of their Governors might make a difference, for 
from, the nature of government there must be, as your Excellency 
has observed, one supreme authority over the whole. 

We cannot think, that when our predecessors took possession ot 
this colony, it was their sense, or the sense of the kingdom, that 
they were to remain subject to the supreme authority of Parlia- 
ment in this idea of it. Nor can we find, that this appears from 
the charter ; or, that such authority has ever been exercised by 
Parliament, submitted to by the colony, or acknowledged by the 
Legislature. 



MASSACHUSETTS STATE PAPERS. 345 

Supreme, or unlimited authority, can with fitness, belong only to 
the Sovereign of the universe ; and that fitness is derived from 
the perfection of his nature. To such authority, directed by infi- 
nite wisdom and infinite goodness, is due both active and passive 
obedience ; which, as it constitutes the happiness of rational crea- 
tures, should, with cheerfulness, and from choice, be unlimitedly 
paid by them. But, this can be said with truth, of no other au- 
thority whatever. If, then, from tlie nature and end of govern- 
ment, the supreme authority of every government is limited, the 
supreme authority of Parliament must be limited ; and the inquiry 
will be, what are the limits of that authority, with regard to this 
colony ? To fix them with precision, to determine the exact lines 
of right and wrong in this case, as in some others, is difficult ; and 
we have not the presumption to attempt it. But we humbly hope, 
that, as we are personally and relatively, in our public and private 
capacities, for ourselves, for the whole province, and posterity, so 
deeply interested in this important subject, it. will not be deemed 
arrogance to give some general sentiments upon it, especially as 
your Excellency's speech has made it absolutely necessary. 

For this purpose, we shall recur to those records which contain- 
the main principles on which the English constitution is founded 5 
and from them make such extracts as are pertinent to the subject. 

Magna Charta declares, that no aid thall be imposed in the king- 
dom, unless by the Common Council of the kingdom, except to re- 
deem the King's person, &c. And that all cities, boroughs, towns, 
and ports, shall have their liberties and free customs ; and shall 
have the Common Council of the kingdom, concerning the assess- 
ment of their aids, except in the cases aforesaid. 

The statute of the 34th of Edward I. de tallio non concedendof 
declares, that no tallage or aid should be laid or levied by the King 
or his heirs, in the realm, without the good will and assent of the; 
Archbishops, Bishops. Earls, Barons. Knights, Burgesses, and oth- 
ers, the freemen of the commonalty of this realm. A statute of 
the 25th Edward III. enacts, that from thenceforth, no person shall 
be compelled to make any loans to the King, against his will, be- 
cause such loans were against reason and the franchise of the land. 

The petition of rights in the 3d of Charles I. in which are cited 
the two foregoing statutes, declares, that, by those statutes, and 
other good laws and statutes of the realm, his Majesty's subjects 
inherited this freedom, that they should not be compelled to con- 
tribute to any tax, tallage, aid, or other like charge, not set by 
common consent of Parliament. 

And the statute of the 1st of William III. for declaring the 
rights and liberties of the subject, and settling the succession of 
the Crown, declares, that the levying of money for, or to the use 
of the Crown, by pretence of prerogative, without grant of Par- 
liament for longer time, or in any other manner than the same is, 
or shall be granted, is illegal. 
44 



34() MASSACHUSETTS STATE 1»APE11S. 

From these authorities, it appears an essential part of the Eng- 
lish constitution, that no tallage, or aid, or tax, shall be laid or 
levied without the good will and assent.of the freedom of the com- 
monalty of the realm. If this could be done without their assent, 
their propert}' Avould be in the highest degree precarious ; or rather 
they could not, with fitness, be said to have any property at all. 
At best, they would be only the holders of it for the use of the 
Crown, and the Crown be the real proprietor. This would be vas- 
salage in the extreme, from which the generous nature of English- 
men have been so abhorrent, that they have bled with freedom in. 
defence of this part of their constitution, which has preserved them 
from it ; and influenced by the same generosity, they can never 
view with disapprobation, any lawful measures taken by us for the 
defence of our own constitution, which entitles us to the same 
rights and privileges with themselves. These were derived to us 
from common law, which is the inheritance of all his Majesty's 
subjects ; have been recognized by acts of Parliament, and con- 
firmed by the province charter, which established its constitution ; 
and which charter, has been recognized by acts of Parliament also. 
This act was made in the second year of the reign of his late Majesty 
George II. for the better preservation of his Majesty's woods in 
America, in which is recited the clause of the charter, reserving for 
the use of the royal navy, all trees suitable for masts ; and on this char- 
ter is grounded the succeeding enacting clause of the act ; and thus 
is the charter implicitly confirmed by act of Parliament. From all 
which it appears, that the inhabitants of this colony are clearly en- 
titled to all the rights and privileges of free and natural subjects ; 
which certainly must include that most essential one, that no aid 
or taxes be levied on them, without their own consent, signified by 
their Representatives. 

But, from the clause in the charter, relative to the power granted 
to the General Court, to make laws not repugnant to the laws of 
England, your Excellency draws this inference, that surely this 
is, by charter, a reserve of power and authority to Parliament, to 
bind us by such laws, at least, as are made to refer to us, and con- 
sequently is a limitation of the power given to the General Court. 
If it be allowed, that, by that clause there was a reserve of power 
to Parliament, to bind the province, it was only by such laws as 
were in being at the time the charter was granted ; for, by the char- 
ter, there is nothing appears to make it refer to any parliamentary 
laws, that should be afterwards made ; and therefore, it will not 
support your Excellertty's inference. 

The grant of power to the General Court to make laws, runs 
thus — " full power and authority, from time to time, to make and 
ordain, and establish, all manner of wholesome and reasonable 
laws, orders, statutes and ordinances, directions and instructions, 
either with penalties or without, so as the same be not repugnant 
or contrary to the laws of this our realm of England, as they shall 



MASSACHUSETTS STATE PAPERS. 347 

judge to be for tlie goofl and welfare of our said province." We 
humbly conceive an inference very different from your Excellen- 
cy's, and a very just one too, maybe drawn from this clause, if at- 
tention be given to the description of the orders and laws that were 
to be made. They were to be wholesome, reasonable, and for the 
good and welfare of the province ; and in order that they might be 
so, it is provided, that they be not repugnant or contrary to the 
laws of the realm, which Avore then in being ; by which proviso, all 
the liberties and immunities of free and natural subjects within the 
realm, were more eftectually secured to the inhabitants of the pro- 
vince, agreeable to another clause in the charter, whereby those 
liberties and immuniti> s are expressly granted to them ; and ac- 
cordingly, the power of the General Court is so far limited, that 
they shall not m.ake orders and laws to take away or diminish those 
liberties and immunities. 

This construction appears to us a just one, and perhaps may ap- 
pear so to your Excellency, if you will please to consider, that, by 
another part of the charter, efiectual care was taken for preventing 
the General Assembly passing of orders and laws repugnant to, or 
that in any way might militate with acts of Parliament then or since 
made, or that might be exceptionable in any other respect whatev- 
er ; for the charter reser\'es to his Majesty the appointment of the 
Governor, whose assent is necessary in the passing of all orders 
and laws ; after which, they are to be sent to England, for the 
royal approbation or disallowance ; by which double control, ef- 
fectual care is taken to prevent the establishment of any improper 
orders or laws, whatever. Besides, your Excellency is sensible 
that letters patent must be construed one part with another, and 
all the parts of them together, so as to make the whole harmonize 
and agree. But your Excellency's construction of the paragraph 
empowering the General Court to make orders and laws, does by 
no means harmonize and agree with the paragraph granting liber- 
ties and immunities ; and therefore, we humbly conceive, is not to 
be admitted : whereas on the other construction, there is a perfect 
harmony and agreement between them. But supposing your Ex- 
cellency's inference just, that by said former paragraph, consider- 
ed by itself, are reserved to Parliament, power and authority to 
bind us by laws made expressly to refer us, does it consist with 
justice and equity, that it should be considered a part, and urged 
against the people of this province, with all its force, and without 
limitation ; and at the same time, the other paragraph, which they 
thought secured to them the essential rights and privileges of free 
and natural subjects, be rendered of no validity. 

If the former paragraph (in this supposed case) be binding ofi 
this people, the latter must be binding on the Crown, which theueby 
became guarantee of those rights and privileges, or it must be sup- 
posed that one party is held by a compact, and the other XMt ; 
whieh supposition is against reason and against law ; and there- 



^48 



MASSACHUSETTS STATE PAPERS. 



fore, destroys the foundation of the inference. Supposing it well 
founded, however, it would not from thence follow, that the char- 
ter intended such laws as should subject the inhabitants of this 
piovince to taxes, without their consent; for, (as it appears above) 
it grants to them all the rights and liberties of free and natural 
subjects ; of which, one of the most essential is, a freedom from all 
taxes not consented to by themselves. Nor could the parties, either 
grantor or grantees, intend such laws. The royal grantor could 
not, because his grant contradicts such intention, and because it 
is inconsistent with every idea of royaltj^ and royal wisdom, to 
grant what it does not intend to grant. And it will be readily al- 
lowed, that the grantees could not intend such laws ; not only on 
account of their inconsistency with the grant, but because their 
acceptance of a charter, subjecting them to such laws, would be 
voluntary slavery. 

Your Excellency next observes, " that it cannot be contended, 
that, by the liberties of free and natural subjects, is to be under- 
stood an exemption from acts of Parliament, because not repre- 
sented there, seeing it is provided by the charter, that such acts 
shall be in force." If the observations we have made above, and 
our reasoning on them be just, it will appear, that no such provis- 
ion is made in the charter; and, therefore, that the deductions 
and inferences derived from the supposition of such provision, 
are not well founded. And with respect to representation in 
Parliament, as it is one of the essential liberties of free and nat- 
ural subjects, and properly makes those who enjoy it, liable to par- 
liamentary acts, so in reference to the inhabitants of this province, 
who are entitled to all the liberties of such subjects, the impossi- 
bility of their being duly represented in Parliament, does clearly 
exempt them from all such acts, at least, as have been or shall be 
made by Parliament, to tax them ; representation and taxation be- 
ing, in our opinion, constitutionally inseparable. 

This grant of liberties and immunities, your Excellency informs 
us, " is nothing more than a declaration and assurance on the 
part of the Crown, that the place to which our predecessors were 
about to remove, was, and would be considered, as part of the do- 
minions of the Crown ; and, therefore, that the subjects, so re- 
moving, would not become aliens, but would, both without and 
within the colony, retain the liberties and immunities of free and 
natural subjects." 

The dominion of the Crown over this country, before the arri- 
val of our predecessors, was merely ideal. Their removal hither, 
realized that dominion, and has made the country valuable both to 
the Crown and nation- without any cost to either of them, from 
that time to this. Even in the most distressed state of our prede- 
cessors, when they expected to be destroyed by a general conspi- 
racy and incursion of the Indian natives, they had no assistarice 
from them. This grant then of liberties, which is the only consid- 



MASSACHUSETTS STATE PAPERS. 349 

oration they received from the Crown, for so valuable an acquisi- 
tion to it, instead of being violated by military power, or explain- 
ed away by nice inferences and distinctions, ought in justice, and 
with a generous openness and freedom, to be acknowledged by ev- 
ery Minister of tlie Crown, and preserved sacred from every spe- 
cies of violation. 

" If the plantations be part of the dominions of the Crown, this 
clause in the charter, granting liberties and immunities, does not," 
your Excellency observes, " confer or reserve any liberties, but 
Avhat would have been enjoyed without it; and what the inhabit- 
ants of every other colony do enjoy, where they are without a 
charter." Although the colonies, considered as part of the domin- 
ions of the Crown, are entitled to equal liberties, the inhabitants 
of this colony, think it a happiness, that those liberties are con- 
firmed and secured to them by a charter ; whereby the honor and 
faith of the Crown are pledged, that those liberties shall not be 
violated- And for protection in them, we humbly look up to his 
present Majesty, our rigiitful and lawful Sovereign, as children to 
a father, able and disposed to assist and relieve them ; humbly im- 
ploring his Majesty, that his subjects of this province, ever faithful 
and loyal, and ever accounted such, till the stamp act existed, and 
who, in the late war, and upon all other occasions, have demon- 
strated that faithfulness and loyalty, by their vigorous and un- 
exampled exertions in his service, may have their grievances 
redressed, and be restored to their just rights. 

Your Excellency next observes, " that it is impossible the rights 
of English subjects should be the same in every respect, in all parts 
of the dominions," and instances in the right of " being governed 
by laws made by persons, in whose election they have a voice." 
When " they remove from the kingdom to the plantations, where 
it cannot be enjoyed," you ask, " will it not be said, by this volun- 
tary removal, they have relinquished, for a time at least, one of 
the rights of an English subject, which they might, if they pleased, 
have continued to enjoy, and may again enjoy, whenever they will 
return to the place where it can be exercised ?" 

When English subjects remove from the kingdom to the planta- 
tions, with their property, they not only relinquish that right de 
facto, but it ought to cease in the kingdom de jure. But it does 
not from thence follow, that they relinquish that right in reference 
to the plantation or colony, to which they remove. On the con- 
trary, having become inhabitants of that colony, and qualified 
according to the laws of it, they can exercise that right, equally 
with the other inhabitants of it. And their right, on like condi- 
tions, will travel with them through all the colonies, wherein a 
Legislature, similar to that of the kingdom, is established. And 
therefore, in this respect, and, we suppose, in all other essential 
respects, it is not impossible the rights of English subjects should 
be the same in all parts of the dominions, under a like form ol 
Legislature. 



350 MASSACHUSETTS STATE PAPERS. 

This right of representation, is so essential and indisputable, la 
regard of all laws for levying taxes, that a people under any form 
of government, destitute of it, is destitute of freedom: of that de- 
gree of freedom, for the preservation of w^hich, government was 
instituted ; and without which, government degenerates into des- 
potism. It cannot, therefore, be given up, or taken away, without 
making a breach in the essential rights of nature. 

But your Excellency is pleased to say, '• that they who claim 
exemption as part of their rights by nature, should consider that 
every restraint which men are laid under by a state of govern- 
ment, is a privation of part of their natural rights. Even in case 
of representation by election, do they not give up part of their 
natural rights, when they consent to be represented by such per- 
sons as shall be chosen by the majority of the electors, although 
their own voices may be for some other person. And is it 
not contrary to their natural rights, to be obliged to submit to a 
representation for seven years, or even one year, after they are dis- 
satisfied with his conduct, although they gave their voices for him, 
when he was elected ? This must, therefore, be considered as an 
objection against a state of government, rather than against any par- 
ticular form." 

Your Excellency's premises are true, but we do not think your 
conclusion follows from them. It is true, that every restraint of 
government is a privation of natural right ; and the two cases you 
have been pleased to mention, may be instances of that privation. 
But, as they arise from the nature of society and government ; and 
as government is necessary to secure other natural rights, infinitely 
more valuable, they cannot, therefore, be considered as an objec- 
tion, either against a state government, or against any particular 
form of it. 

Life, liberty, property, and the disposal of that property, with 
our own consent, are natural rights. Will any one put the other in 
competition with these ; or infer, that, because those others must be 
given up in a state of government, these must be given up also ? 
The preservation of these rights, is the great end of government. 
But is it probable, they will be effectually secured by a government, 
which the proprietors of them, have no part in the direction of, and 
over which, they have no power or influence, whatever ? Hence, is 
deducible representation, which being necessary to preserve these 
invaluable rights of nature, is itself, for that reason, a natural right, 
coinciding with, and running into that great law of nature, self pre- 
servation. 

Thus have we considered the most material parts of your Excel- 
lency's speech, and, agreeable to your desire, disclosed to you our 
sentiments on the subject of it. " Independence," as you have 
rightly judged, " we have not in contemplation." We cannot, how- 
ev"r, adopt your principles of government, or acquiesce in all the 
inferences you have drawn from them. 

/ 



MASSACHUSETTS STATE PAPERS. S51 

We have the highest respect for that august body, the Parlia" 
ment, and do not presume to prescribe the exact limits of its 
authority ; yet, with the deference which is due to it, we are 
humbly of opinion, that, as all human authority is, in the nature of 
it, and ought to be, limited, it cannot, constitutionally, extend, for 
the reasons we have suggested, to the levying of taxes, in any form, 
on his Majesty's subjects in this province. 

In such principles as these, our predecessors were easy and 
happy, and in the due operation of such, their descendants, the 
present inhabitants of this province, have been easy and happy : but 
they are not so now. Their uneasiness and unhappiness are occa- 
sioned by acts of Parliament, and regulations of government, which 
lately, and within a few years past, have been made. And this un- 
easiness and unhappiness, both in the cause and effects of them, 
though your Excellency seems, and can only seem, to be of a differ- 
ent opinion, have extended, land continue to extend, to all the colo- 
nies, throughout the continent. 

It would give us the highest satisfaction, to see happiness and 
tranquillity restored to the colonies, and, especially to see, between 
Great Britain and them, an union established on such an equitable 
basis, as neither of them shall ever wish to destroy. We humbly 
supplicate the sovereign arbiter and superintendant of human afiFairs, 
for these happy events. 

[Hon. J. Bowdoin, H. Gray, J. Otis, and S. Hall, were the 
<*ommittee of Council, who prepared the above.] 



V ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE 
GOVERNOR, OF SIXTH JANUARY. JANUARY 26, 1773. 

May it please your Excellency, 

Your Excellency's speech to the General Assembly, at the 
opening of this session, has been read with great attention in this 
House. 

We fully agree with your Excellency, that our own happiness, 
as Avell as his Majesty's service, very much depends upon peace 
and order; and we shall at all times take such measures as are 
consistent with our constitution, and the rights of the people, to 
promote and maintain them. That the government at present is 
in a very disturbed state, is apparent. But we cannot ascribe it 
to the people's having adopted unconstitutional principles, which 
seems to be the cause assigned for it by your Excellency. It ap- 



552 MASSACHUSETTS STATE PAPERS. 

pears to us, to have been occasioned rather by the British House 
of Commons assuming and exercising a power inconsistent with 
the freedom of the constitution, to give and grant the property of 
the colonists, and appropriate the same without their consent. 

It is needless for us to inquire what were the principles that in- 
duced the councils of the nation to so new and unprecedented a 
measure. But, when the Parliament, by an act of their own, ex- 
pressly declared, that the King, Lords, and Commons, of the na- 
tion " have, and of right ought to have full power and authority 
to make laws and statutes of sufficient force and validity, to bind 
the colonies and people of America, subjects of the Crown of Great 
Britain, in all cases whatever," and in consequence hereof, ano- 
ther revenue act was made, the minds of the people were filled 
with anxiety, and they were justly alarmed with apprehensions of 
the total extinction of their liberties. 

The result of the free inquiries of many persons, into the right 
of the Parliament, to exercise such a power over the colonies, 
seems, in your Excellency's opinion, to be the cause, of what you 
are pleased to call the present " disturbed state of the govern- 
ment ;" upon which, you " may not any longer, consistent with 
your duty to the King, and your regard to the interest of the pro- 
vince, delay communicating your sentiments." But that the prin- 
ciples adopted in consequence hereof, are unconstitutional, is a 
subject of inquiry. We know of no such disorders arising there- 
from, as are mentioned by your Excellency. If Grand Jurors have 
not, on their oaths, found such offences, as your Excellency, with 
the advice of his Majesty's Council, have ordered to be prosecut- 
ed, it is to be presumed, they have followed the dictates of good 
conscience. They are the constitutional judges of these matters, 
and it is not to be supposed, that moved from corrupt principles, 
they have suffered offenders to escape a prosecution, and thus 
supported and encouraged them to go on offending. If any part of 
authority shall, in an unconstitutional manner, interpose in any 
matter, it will be no wonder if it be brought into contempt ; to 
the lessening or confounding of that subordination, which is neces- 
sary to a well regulated state. Your Excellency's representation 
that the bands of government are weakened, we humbly conceive 
to be without good grounds; though we must own, the heavy bur- 
dens unconstitutionally brought upon the people, have been, and 
still are universally, and very justly complained of, as a griev- 
ance. 

You are pleased to say, that, " when our predecessors first took 
possession of this plantation, or colony, under a grant and charter 
from the Crown of England, it was their sense, and it was the 
sense of the kingdom, that they were to remain subject to the su- 
preme authority of Parliament ;" whereby we understand your 
Excellency to mean, in the sense of the declaratory act of Parlia- 
ment afore mentioned, in all cases whatever. And, indeed, it is 



MASSACHUSETTS STATE PAPERS. 353 

difficult, if possible, to draw a line of distinction between the uni- 
versal authority of Parliament over the colonies, and no authority 
at all. It is, therefore, necessary for us to inquire how it appears, 
for your Excellency has not shown it to us, that when, or at the 
time that our predecessors took possession of this plantation, or 
colony, under a grant and charter from the Crown of England, it 
was their sense, and the sense of the kingdom, that they were to 
remain subject to the authority of Parliament. In making this 
inquiry, we shall, according to your Excellency's recommenda- 
tion, treat the subject with calmness and candor, and also with a 
due regard to truth. 

Previous to a direct consideration of the charter granted to the 
province or colony, and the better to elucidate the true sense and 
meaning of it, we would take a view of the state of the English 
North American continent at the time, when, and after possession 
was first taken of any part of it, by the Europeans. It was then 
possessed by heathen and barbarous people, who had, nevertheless, 
all that right to the soil, and sovereignty in and over the lands they 
possessed, which God had originally given to man. Whether 
their being heathen, inferred any right or authority to christian 
princes, a right which had long been assumed by the Pope, to dis- 
pose of their lands to others, we will leave to your Excellency, or 
any one of understanding and impartial judgment, to consider. It 
is certain, they had in no other sense, forfeited them to any power 
in Europe. Should the doctrine be admitted, that the discovery 
of lands owned and possessed by pagan people, gives to any chris- 
tian prince a right and title to the dominion and property, still it 
is vested in the Crown alone. It was an acquisition of foreign 
territory, not annexed to the realm of England, and, therefore, at 
the absolute disposal of the Crown. For we take it to be a settled 
point, that the King has a constitutional prerogative^ to dispose of 
and alienate, any part of his territories not annexed to the realm. 
In the exercise of this prerogative, Queen Elizabeth granted the 
first American charter ; and, claiming a right by virtue of discove- 
ry, then supposed to be valid, to the lands which are now possess- 
ed by the colony of Virginia, she conveyed to Sir Walter Raw- 
leigh, the property, dominion, and sovereignty thereof, to be held 
of the Crown, by homage, and a certain render, without any reser- 
vation to herself, of any share in the Legislative and Executive au- 
thority. After the attainder of Sir Walter, King James the I. 
created two Virginian companies, to be governed each by laws, 
transmitted to tliem by his Majesty, and not by the Parliament, 
with power to establish, and cause to be made, a coin to pass cur- 
rent among them ; and vested with all liberties, franchises and im- 
munities, within any of his other dominions, to all intents and pur- 
poses, as if they had been abiding and born within the realm. A 
declaration similar to this, is contained in the first charter of this 
colony, and in those of other American colcwiesj which shows that 
45 



354 MASSACHUSETTS STATE PAPERS. 

the colonies wei-e not intended, or considered to be within the 
realm of England, though within the allegiance of the English 
Crown. After this, another charter was granted by the same King 
James, to the Treasurer and Company of Virginia, vesting them 
with full power and authority, to make, ordain, and establish, all 
manner of orders, laws, directions, instructions, forms and cere- 
monies of governments, and magistracy, fit and necessary, and the 
same to abrogate, &c. without any reservation for securing their 
subjection to the Parliament, and future laws of England. A 
third charter was afterwards granted by the same King, to the 
Treasurer and Company of Virginia, vesting them with power and 
authority to make laws, with an addition of this clause, " so, al- 
ways, that the same be not contrary to the laws and statutes of 
this our realm of England." The same clause was afterwards 
copied into the charter of this and other colonies, with certain va- 
riations, such as, that these laws should be " consonant to reason," 
" not repugnant to the laws of England," " as nearly as conve- 
niently may be to the laws, statutes and rights of England," &c. 
These modes of expression, convey the same meaning, and serve 
to show an intention, that the laws of the colonies should be as 
much as possible, conformable in the spirit of them, to the princi- 
ples and fundamental laws of the English constitution, its rights 
and statutes then in being, and by no means to bind the colonies to 
a subjection to the supreme authority of the English Parliament. 
And that this is the true intention, we think it further evident from 
this consideration, that no acts of any colony Legislative, are ever 
brought into Parliament for inspection there, though the laws made 
in some of them, like the acts of the British Parliament, are laid 
before the King for his dissent or allowance. 

We have brought the first American charters into view, and the 
state of the country when they were granted, to show, that the 
right of disposing of the lands was, in the opinion of those times, 
vested solely in the Crown ; that the several charters conveyed to 
the grantees, who should settle upon the territories therein grant- 
ed, all the powers necessary to constitute them free and distinct 
states ; and that the fundamental laws of the English constitution 
should be the certain and established rule of legislation, to which, 
the laws to be made in the several colonies, were to be, as nearly 
as conveniently might be, conformable, or similar, which was the 
true intent and import of the words, " not repugnant to the laws 
of England," " consonant to reason," and other variant expres- 
sions in the different charters. And we would add, that the King, 
in some of the charters, reserves the right to judge of the conso- 
nance and similarity of their laws with the English constitution, to 
himself, and not to the Parliament ; and, in consequence thereof, 
to affirm, or within a limited time, disallow them. 

These charters, as well as that afterwards granted to Lord Bal- 
timore, and other charters, are repugnant to the idea of Parlia- 
mentary authority ; and, to suppose a Parliamentary authority 



MASSACHUSETTS STATE PAPERS. 355 

over the colonies, under such charters, would necessarily induce 
that solecism in politics, imperiuvi in imj}erio. And the King's 
repeatedly exercising the prerogative of disposing of the Ameri- 
can territory by such charters, together with the silence of the 
nation thereupon, is an evidence that it was an acknowledged pre- 
rogative. 

But, further to show tlie sense of the English Crown and nation^ 
that the American colonists, and our predecessors in particular, 
when they first took possession of this country, by a grant and 
charter from the Crown, did not remain subject to the supreme 
authority of Parliament, we beg leave to observe, that when a bill 
was ofl'ered by the two Houses of Parliament to King Charles the 
I granting to the subjects of England, the free liberty of fishing 
on the coast of America, he refused his royal assent, declaring as 
a reason, that " the colonies were without the realm and jurisdic- 
tion of Parliament." 

In like manner, his predecessor, James the I. had before de- 
clared, upon a similar occasion, that " America was not annexed 
to the realm, and it was not fitting that Parliament should make 
laws for those countries." This reason was, not secretly, but 
openly declared in Parliament. If, then, the colonies were not an- 
nexed to the realm, at the time when their charters were granj;ed, 
they never could be afterwards, without their own special con- 
sent, which has never since been had, or even asked. If they are 
not now annexed to the realm, they are not a part of the kingdom, 
and consequently not subject to the Legislative authority of the 
kingdom. For no country, by the common law, was subject to the 
laws or to the Parliament, but the realm of England. 

We would, if your Excellency pleases, subjoin an instance of 
conduct in King Charles the II. singular indeed, but impor- 
tant to our purpose, who, in 1679, framed an act for a permanent 
revenue for the support of Virginia, and sent it there by Lord Cul- 
pepper, the Governor of that colony, which was afterwards passed 
into a law, and " enacted by the King's most excellent Majesty, 
by, and with the consent of the General Assembly of Virginia." If 
the King had judged that colony to be a part of the realm, he would 
not, nor could he, consistently with Magna Charta, have placed 
himself at the head of, and joined with any Legislative body in 
making a law to tax the people there, other than the Lords and 
Commons of England. 

Having taken a view of the several charters of the first colony 
in America, if we look into the old charter of this colony, we 
shall find it to be grounded on the same principle ; that the right 
of disposing the territory granted therein, was vested in the Crown, 
as being that Christian Sovereign who first discovered it, when in 
the possession of heathens ; and that it was considered as being not 
within the realm, but being only within the Fee and Seignory of 
the King. As, therefore, it was without the realm of England, must 



356 MASSACHUSETTS STATE PAPERS. 

not the King, if he had designed that the Parliament should have 
had any authority over it, have made a special reservation for that 
purpose, which was not done ? 

Your Excellency says, " it appears from the charter itself, ta 
have been the sense of our predecessors, who first took possession 
of this plantation, or colony, that they were to remain subject to 
the authority of Parliament." You have not been pleased to point 
out to us, how this appears from the charter, unless it be in the 
observation you make on the above mentioned clause, viz, : " that 
a favorable construction has been put upon this clause, when it 
has been allowed to intend such laws of England only, as are ex- 
pressly made to respect us," which you say, " is by charter, are- 
serve of power and authority to Parliament, to bind us by such 
laws, at least, as are made expressly to refer to us, and conse- 
quently is a limitation of the power given to the General Court." 
But, we would still recur to the charter itself, and ask your Excel- 
lency, how this appears, from thence, to have been the sense of our 
predecessors ? Is any reservation of power and authority to Par- 
liament thus to bind us, expressed or implied in the charter ? It is 
evident, that King Charles the I. the very Prince who granted it, 
as well as his predecessor, had no such idea of the supreme au- 
thority of Parliament over the colony, ftom tlieir declarations be- 
fore recited. Your Excellency will then allow us, further to ask, 
by what authority, in reason or equity, the Parliament can enforce 
a construction so unfavorable to us. Q^iiod ah initio injustum est, 
nullum potest habere juris effectum, said Grotius. Which, with 
submission to your Excellency, may be rendered thus : whatever 
is originally in its nature wrong, can never be sanctified, or made 
right by repetition and use. 

In solemn agreements, subsequent restrictions ought never to be 
allowed. The celebrated author, whom your Excellency has quo- 
ted, tells us, that, " neither the one or the other of the interested, 
or contracting powers, hath a right to interpret at pleasure." This 
we mention, to show, even upon a supposition, that the Parliament 
had been a party to the contract, the invalidity of any of its sub- 
sequent acts, to explain any clause in the charter ; more especially 
to restrict or make void any clause granted therein to the General 
Court. An agreement ought to be interpreted " in such a man- 
ner as that it may have its effect." But, if your Excellency's 
interpretation of this clause is just, " that it is a reserve of power 
and authority to Parliament to bind us by such laws as are made 
expressly to refer to us," it is not only " a limitation of the power 
given to the General Court" to legislate, but it may, whenever the 
Parliament shall think fit, render it of no effect ; for it puts it in 
the power of Parliament, to bind us by as many laws as they please, 
and even to restrain us from making any laws at all. If your Ex- 
cellency's assertions in this, and the next succeeding part of your 
speech, were well grounded, the conclusion would be undeniable, 



MASSACHUSETTS STATE PAPERS. 357 

that the charter, even in this clause, " does not confer or reserve 
any liberties," worth enjoying, " but what would have been en- 
joyed without it ;" saving that, within any of his Majesty's domin- 
ions, wc aVe to be considered barely as not aliens. You are pleas- 
ed to say, it cannot " be contended, that by the liberties of free 
and natural subjects,'' (which are expressly granted in the char- 
ter, to all intents, purposes and constructions, whatever) " is to 
be understood, an exemption from acts of Parliament, because not 
represented there ; seeing it is provided by the same charter, that 
such acts shall be in force." If, says an eminent lawyer, " the 
King grants to the town of D. the same liberties which London has, 
this shall be intended the like liberties." A grant of the liberties 
of free and natural subjects, is equivalent to a grant of the same 
liberties. And the King, in the first charter to this colony, ex- 
pressly grants, that it " shall be construed, reputed and adjudged 
in all cases, most favorably on the behalf and for the benefit and 
behoof of the said Governor and Company, and their successors — 
any matter, cause or thing, whatsoever, to the contrary notwith- 
standing." It is one of the liberties of free and natural subjects, 
born and abiding within the realm, to be governed, as your Excel- 
lenc}' observes, " by laws made by persons, in whose elections they, 
from time to time, have a voice." This is an essential right. For 
nothing is more evident, than, that any people, who are subject to 
the unlimited power of another, must be in a state of abject slave- 
ry. It was easily and plainly foreseen, that the right of represent- 
ation in the English Parliament, could not be exercised by the peo- 
ple of this colony. It would be impracticable, if consistent with 
the English constitution. And for this reason, that this colony 
might have and enjoy all the liberties and immunities of free and 
natural subjects within the realm, as stipulated in the charter, it 
was necessary, and a Legislative was accordingly constituted with- 
in the colony ; one branch of which,, consists of Representatives 
chosen by the people, to make all laws, statutes, ordinances, &c. 
for the well ordering and governing the same, not repugnant to 
the laws of England, or, as nearly as conveniently might be, agree- 
able to the fundamental laws of the English constitution. We are, 
therefore, still at a loss to conceive, where your Excellency finds 
it " provided in the same charter, that such acts," viz. acts of 
Parliament, made expressly to refer to us, " shall be in force" in 
this province. There is nothing to this purpose, expressed in the 
charter, or in our opinion, even implied in it. And surely it would 
be very absurd, that a charter, which is evidently formed upon a 
supposition and intention, that a colony is and should be consider- 
ed as not within the realm ; and declared by the very Prince who 
granted it, to be not within the jurisdiction of Parliament, should 
yet provide, that the laws which the same Parliament should make, 
expressly to refer to that colony, should be in force therein. Your 
Excellency is pleased to ask, " does it follow, that the govern- 



358 MASSACHUSETTS STATE PAPERS. 

ment, by their (our ancestors) removal from one part of the domin- 
ions to another, loses its authority over that part to which they re- 
move ; and that they are freed from the subjection they were un- 
der before ?" We answer, if that part of the King's dominions, to 
which they removed, was not then a part of the realm, and was 
never annexed to it, the Parliament lost no authority over it, hav- 
ing never had such authority ; and the emigrations were conse- 
quently freed from the subjection they were under before their re- 
moval. The power and authority of Parliament, being constitu- 
tionally confined within the limits of the realm, and the nation col- 
lectively, of which alone it is the representing and Legislative As- 
sembly. Your Excellency further asks, " will it not rather be 
said, that by this, their voluntary removal, they have relinquished, 
for a time, at least, one of the rights of an English subject, which 
they might, if they pleased, have continued to enjoy, and may again 
enjoy, whenever they return to the place where it can be exercis- 
ed?" To which we answer; they never did relinquish the right 
to be governed by laws, made by persons in whose election they 
had a voice. The King stipulated with them, that they should 
have and enjoy all the liberties of free and natural subjects, born 
within the realm, to all intents, purposes and constructions, what- 
soever ; that is, that they should be as free as those, who were to 
abide within the realm : consequently, he stipulated with them, 
that they should enjoy and exercise this most essential right, which 
discriminates freemen from vassals, uninterruptedly, in its full 
sense and meaning ; and they did, and ought still to exercise it, 
without the necessity of returning, for the sake of exercising it, to 
the nation or state of England. 

We cannot help observing, that your Excellency's manner of 
reasoning on this point, seems to us, to render the most valuable 
clauses in our charter unintelligible : as if persons going from the 
realm of England, to inhabit in America, should hold and exercise 
there a certain right of English subjects ; but, in order to exercise 
it in such manner as to be of any benefit to them, they must not in,' 
habit there, but return to the place where alone it can be exercised. 
By such construction, the words of the charter can have no sense 
or meaning. We forbear remarking upon the absurdity of a grant 
to persons born without the realm, ofthe same liberties which would 
have belonged to them, if they had been born within the realm. 

Your Excellency is disposed to compare this government to the 
variety of corporations, formed within the kingdom, with power 
to make and execute by-laws, &c. ; and, because they remain 
subject to the supreme authority of Parliament, to infer, that this 
colony is also subject to the same authority : this reasoning ap- 
pears to us not just. The members of those corporations are res- 
ident within the kingdom ; and residence subjects them to the au- 
thority of Parliament, in which they are also represented ; where- 
as the people of this colony are not resident within the realm'. 



MASSACHUSETTS STATE PAPERS. 359 

The charter was granted, with the express purpose to induce them 
to reside without the realm ; consequently, they are not represent- 
ed in Parliament there. But, we would ask your Excellency, 
are any of the corporations, formed within the kingdom, vested 
with the power of erecting other subordinate corporations ? of en- 
acting and determining what crimes shall be capital ? and consti- 
tuting courts of common law, with all their officers, for the hear- 
ing, trying and punishing capital offenders with death ? These and 
many other powers vested in this government, plainly show, that 
it is to be considered as a corporation, in no other light, than as 
every state is a corporation. Besides, appeals from the courts of 
law here, are not brought before the House of Lords ; which shows, 
that the peers of the realm, are not the peers of America : but all 
such appeals are brought before the King in council, which is a fur- 
ther evidence, that we are not within the realm. 

We conceive enough has been said, to convince your Excellen- 
cy, that, " when our predecessors first took possession of this plan- 
tation, or colony, by a grant and charter from the Crown of Eng- 
land, it was not, and never had been the sense of the kingdom, 
that they were to remain subject to the supreme authority of Par- 
liament. We will now, with your Excellency's leave, inquire 
what was the sense of our ancestors, of this very important mat- 
ter. 

And, as your Excellency has been pleased to tell us, you have 
not discovered, that the supreme authority of Parliament has been 
called in question, even by private and particular persons, until 
within seven or eight years past ; except about the time of the an- 
archy and confusion in England, which preceded the restoration of 
King Charles the II. we beg leave to remind your Excellency of 
some parts of your own history of Massachusetts Bay. Therein 
we are informed of the sentiments of " persons of influence," after 
the restoration ; from which, the historian tells us, some parts of 
their conduct, that is, of the General Assembly, " may be pretty 
well accounted for." By the history, it appears to have been the 
opinion of those persons of influence, " that the subjects of any 
prince or state, had a natural right to remove to any other state, or 
to another quarter of the world, unless the state was weakened or 
exposed by such remove ; and, even in that case, if they were de- 
prived of the right of all mankind, liberty of conscience, it would 
justify a separation, and upon their removal, their subjection de- 
termined and ceased." That " the country to which they had 
removed, was claimed and possessed by independent princes, 
whose right to the lordship and sovereignty thereof had been ac- 
knowledged by the Kings of England," an instance of which is 
quoted in the margin. " That they themselves had actually pur- 
clmsed, for valuable consideration, not only the soil, but the domin- 
ion, the lordship and sovereignty of those princes ;" without which 
purchase, " in the sight of God and men, they had no right or title 



360 MASSACHUSETTS STATE PAPERS. 

to what they possessed." They had received a charter of incorpo- 
ration from the King;, from whence arose a new kind of subjection, 
namely, " a voluntary, civil subjection ;" and by this compact, 
" they were to be governed by laws made by themselves." Thus 
it appears to have been the sentiments of private persons, though 
persons by whose sentiments the public conduct was influenced, 
that their re^iioval was ajustifiable separation from the mother state, 
upon which, their subjection to that state, determined and ceased. 
The supreme authority of Parliament, if it had then ever been as- 
serted, must surely have been called in question, by men who had 
advanced such principles as these. 

The first act of Parliament, made expressly to refer to the colo- 
nies, was after the restoration. In the reign of King Charles the 
II. several such acts passed. And the same history informs us, 
there was a difficulty in conforming to them ; and the reason of 
this difficulty is explained in a letter of the General Assembly to 
their Agent, quoted in the following words ; " they apprehended 
them to be an invasion of the rights, liberties and properties of the 
subjects of his Majesty, in the colony, they not being represented 
in Parliament, and according to the usual sayings of the learned in 
the law, the laws of England were bounded within the four seas, 
and did not reach America : However, as his Majesty had signified 
his pleasure, that those acts should be observed in the Massachu- 
setts, they had made provision, by a law of the colony, that they 
should be strictly attended." Which provision, by a law of their 
own, would have been superfluous, if they had admitted the su- 
preme authority of Parliament. In short, by the same history it 
appears, that those acts of Parliament, as such, were disregarded; 
and the following reason is given for it : " It seems to have been a 
general opinion, that acts of Parliament had no other force, than 
what they derived from acts made by the General Court, to estab- 
lish and confirm them." 

But, still further to show the sense of our ancestors, respecting 
this matter, we beg leave to recite some parts of a narrative, pre- 
sented to the Lords of Privy Council, by Edward Randolph, in the 
year 1676, which we find in your Excellency's collection of papers 
lately published. Therein it is declared to be the sense of the 
colony, " that no law is in force or esteem there, but such as are 
made by the General Court; and, therefore, it is accounted a 
breach of their privileges, and a betraying of the liberties of their 
commonwealth, to urge the observation of the laws of England." 
And, further, " that no oath shall be urged, or required to be tak- 
en by any person, but such oath as the General Court hath consid- 
ered, allowed and required." And, further, " there is no notice 
taken of the act of navigation, plantation or any other laws, made 
in England for the regulation of trade." " That the government 
would make the world believe, they are a free state, and do act in 
all matters accordingly." Again, " these magistrates ever re- 



MASSACHUSETTS STATE PAPERS. 361 

serve to themselves, a power to alter, evade and disannul any law 
or command, not agreeing with their humor, or the absolute au- 
thority of their government, acknowledging no superior." And, 
further, " he (the Governor) freely declared to me, that the laws 
made by your Majesty and your Parliament, obligeth them in 
nothing, but what consists with the interests of that colony ; that 
the Legislative power and authority is, and abides in them solely." 
And in the same Mr. Randolph's letter to the Bishop of London, 
July 14, 1682, he says, " this independency in government is claim- 
ed and daily practised." And your Excellency being then sensi- 
ble, that this was the sense of our ancestors, in a marginal note, 
in the same collection of papers, observes, that, " this, viz- the pro- 
vision made for observing the acts of trade, is very extraordi- 
nary, for this provision was an act of the colony, declaring the acts 
of trade shall be in force there." Although Mr. Randolph was 
very unfriendly to the colony, yet, as his declarations are concur- 
rent Mith those recited from your Excellency's history, we think 
they may be admitted, for the purpose for which they are now 
brought. 

Thus we see, from your Excellency's history and publications, 
the sense our ancestors had of the jurisdiction of Parliament, under 
the first charter. Very different from that, which your Excellency 
in your speech, apprehends it to have been. 

it appears by Mr. Neal's History of New England, that the 
agents, who had been employed by the colony to transact its affairs 
in England, at the time when the present charter was granted, 
among other reasons, gave the following for their acceptance of it, 
viz. " The General Court has, with the King's approbation, as much 
power in New England, as the King and Parliament have in Eng- 
land 5 they have all English privileges, and can be touched by no 
law, and by no tax but of their own making." This is the earliest 
testimony that can be given of the sense our predecessors had of 
the supreme authority of Parliaments under the present charter. 
And it plainly shows, that they, who having been freely conver- 
sant with those who framed the charter, must have well understood 
the design and meaning of it, supposed that the terms in our char- 
ter, "full power and authority," intended and were considered as 
a sole and exclusive power, and that there was no " reserve in 
the charter, to the authority of PaWiament, to bind the colony" by 
any acts whatever. 

Soon after the arrival of the charter, viz. in 1692, your Excel- 
lency's history informs us, " the first act" of this Legislative, was 
a sort of Magna Charta, asserting and setting forth their general 
privileges, and this clause was among the rest; '■ no aid, tax. tal- 
lage, assessment, custom, loan, benevolence, or imposition what- 
ever, shall be laid, assessed, imposed, or levied on any of their 
Majesty's subjects, or their estates, on any pretence whatever, but 
by the act and consent of the Governor, Council, and Representa- 
46 



362 MASSACHUSETTS STATE PAPEIIS. 

tives of the people assembled in General Court." And though 
this act was disallowed, it serves to show the sense which the 
General Assembly, contemporary with the granting the charter, had 
of their sole and exclusive right to legislate for the colony. The 
history says, " the other parts of the act were copied from Magna 
Charta ;" by which, we may conclude tliat the Assembly then con- 
strued the words, " not repugnant to the laws," to mean, con- 
formable to the fundamental principles of the English constitution. 
And it is observable, that the Lords of Privy Council, so lately as 
in the reign of Queen Anne, when several laws enacted by the 
General Assembly were laid before her Majesty for her allowance, 
interpreted the words in this charter, " not repugnant to the laws 
of England," by the words, " as nearly as conveniently may be 
agreeable to the laws and statutes of England." And her Majesty 
was pleased to disallow those acts, not because they Avere repug- 
nant to any law or statute of England, made expressly to refer to 
the colony, but because divers persons, by virtue thereof, were 
punished, without being tried by their peers in the ordinary " courts 
of law," and " by the ordinary rules and known methods of jus- 
tice," contrary to the express terms of Magna Charta, which was a 
statute in force at the time of granting the charter, and declara- 
tory of the rights and liberties of the subjects within the realm. 

You are pleased to say, that " our provincial or local laws have, 
in numerous instances, had relation to acts of Parliament, made to 
respect the plantations, and this colony in particular." The au- 
thority of the Legislature, says the same author who is quoted by 
your Excellency, " does not extend so far as the fundamentals 
of the constitution. They ought to consider the fundamental 
laws as sacred, if the nation has not in very express terms, given 
them the power to change them. For the constitution of the state 
ought to be fixed ; and since that was first established by the na- 
tion, which afterwards trusted certain persons with the Legislative 
power, the fundamental laws are excepted from their commission." 
Now the fundamentals of the constitution of this province, are stip- 
ulated in the charter ; the reasoning, therefore, in this case, holds 
equally good. Much less, then, ought any acts or doings of the 
General Assembly, however numerous, to neither of which your 
Excellency has pointed us, which barely relate to acts of Parlia- 
ment made to respect the plantations in general, or this colony in 
particular, to be taken as an acknowledgment of this people, or 
even of the Assembly, which inadvertently passed those acts, that 
we are subject to the supreme authority of Parliament ; and with 
still less reason are the decisions in the executive courts to deter- 
mine this point. If they have adopted that " as part of the rule 
of law," which, in fact, is not, it must be imputed to inattention 
or error in judgment, and cannot justly be urged as an alteration 
or restriction of the Legislative authority of the province. 

Before we leave this part of your Excellency's speech, we would 



MASSACHUSETTS STATE PAPEHS. 363 

observe, that the great design of our ancestors, in leaving the king- 
dom of England, was to be freed from a subjection to its spiritual 
laws and courts, and to worship God according to the dictates of 
their consciences. Your Excellency, in your history observes, that 
their design was " to obtain for themselves and their posterity, the 
liberty of worshipping God in such manner as appeared to them 
most agreeable to the sacred scriptures." And the General Court 
themselves declared in 1G51, that " seeing just cause to fear the 
persecution of the then Bishop, and high commission for not con- 
forming to the ceremonies of tiiose under their power, they thought 
it their safest course, to get to this outside of the world, out of 
their view, and beyond their reach." But, if it had been their 
sense, that they were still to be subject to the supreme authority 
of Parliament, they must have known that their design might, anil 
probably would be frustrated ; that the Parliament, especially Con- 
sidering the temper of those times, might make what ecclesiastical 
laws they pleased, expressly to refer to them, and place them in 
the same circumstances with respect to religious matters, to be re- 
lieved from wliich, was the design of their removal ; and we would 
add, that if your Excellency's construction of the clause in our pre- 
sent charter is just, another clause therein, which provides for lib- 
erty of conscience for all christians, except papists, maybe ren- 
dered void by an act of Parliament made to refer to us, requiring 
a conformity to the rites and mode of worship in the church of 
England, or any other. 

Thus we have endeavored to show the sense of the people of 
this colony under both charters ; and, if there have been in any 
late instances a submission to acts of Parliament, it has been, in 
our opinion, rather from inconsideration, or a reluctance at the 
idea of contending with the parent state, than from a conviction or 
acknowledgment of the Supreme Legislative authority of Parlia- 
ment. 

Your Excellency tells us, " you know of no line that can be 
drawn between the supreme authority of Parliament and the total 
independence of the colonies." If there be no such line, the con- 
sequence is, either that the colonies are the vassals of the Parlia- 
ment, or that they are totally independent. As it cannot be sup- 
posed to have been the intention of the parties in the compact, 
that we should be reduced to a state of vassalage, the conclusion 
is, that it was their sense, that we were thus independent. " It is 
impossible," your Excellency says, " that there should be two in- 
dependent Legislatures in one and the same state." May we not 
then further conclude, that it' was their sense, that the colonies 
were, by their charters, made distinct states from the mother coun- 
try ? Your Excellency adds, " for although there may be but one 
head, the King, jet the two Legislative bodies will make two gov- 
ernments as distinct as the kingdoms of England and Scotland, 
before the union." Very true, may it please your Excellency : 



364: MASSACHUSETTS STATE PAPERS. 

and if they interfere not with each other, what hinders, but that 
being united in one head and common Sovereign, they may live 
happily in that connection, and mutually support and protect each 
other? Notwithstanding all the terrors which your Excellency 
has pictured to us as the eflects of a total independence, there is 
more reason to dread the consequences of absolute uncontroled 
power, whether of a nation or a monarch, than those of a total inde- 
pendence. It would be a misfortune " to know by experience, the 
difterence between the liberties of an English colonist and those of 
the Spanish, French, and Dutch : and since the British Parlia- 
ment has passed an act. which is executed even with rigor, though 
not voluntarily submitted to, for raising a revenue, and appropri- 
ating the same, without the consent of the people who pay it, and 
have claimed a power of making such laws as they please, to order 
and govern us, your Excellency will excuse us in asking, whether 
you do not think we already experience too much of such a differ- 
ence, and have not reason to fear we shall soon be reduced to a 
virorse situation than that of the colonies of France, Spain, or Hol- 
land ? 

If your Excellency expects to have the line of distinction be- 
tween the supreme authority of Parliament, and the total indepen- 
dence of the colonies drawn by us, we would say it would be an 
arduous undertaking, and of very great importance to all the other 
colonies ; and therefore, could we conceive of such a line, we 
should be unwilling to propose it, without their consent in Con- 
gress. 

To conclude, these are great and profound questions. It is the 
grief of this House, that, by the ill policy of a late injudicious 
administration, America has been driven into the contemplation of 
them. And we cannot but express our concern, that your Excel- 
lency, by your speech, has reduced us to the unhappy alternative, 
either of appearing by our silence to acquiesce in your Excellen- 
cy's sentiments, or of thus freely discussing this point. 

After all that we have said, we would be far from being under- 
stood to have in the least abated that just sense of allegiance which 
we owe to the King of Great Britain, our rightful Sovereign ; and 
should the people of this province be left to the free and full exer- 
cise of all the liberties and immunities granted to them by charter, 
there would be no danger of an independence on the Crown. Our 
charters reserve great power to the Crown in its Representative, 
fully sufficient to balance, analogous to the English constitution, 
all the liberties and privileges granted to the people. All this 
your Excellency knows full well; and whoever considers the 
power and influence, in all their branches, reserved by our charter, 
to the Crown, will be far from thinking that the Commons of this 
province are too independent. 

fThis answer was reported by Mr. S. Adams, Mr. Hancock, 



MASSACHUSETTS STATE PAPERS. 365 

Maj. Hawley, Col. Bowers, Mr. Hobson, Maj. Foster, Mr. Phil- 
lips, and Col. Thayer.] 



MESSAGE 

yROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
FEBRUARY 3, 1773, 

May it please your Excellency^ 

The House of Representatives having directed the Secretary 
to inform them, whether you have been pleased to give your assent 
to the grants lately made to the Justices of the Superior Court of 
Judicature, 8&c. and it appearing that your Excellency has not 
yet done it, it is their request, that you would be pleased to make 
known to them the difficulty (if any there be) in your Excellen- 
cy's mind, which prevents your assenting to said grants. 

The people without doors are universally alarmed with the re- 
port that salaries are fixed to the offices of the said Justices, by 
order of the Crown ; and an unusual delay to confirm the grants 
now made, is judged by this House to be a sufficient apology for 
this inquiry. 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
FEBRUARY 4, 1773, 

Gentlemen of the House of Representatives, 

I HAVE i-eceived information, that his Majesty has been pleas- 
ed to order, that salaries shall be allowed to the Justices of the 
Superior Court, and that such salaries shall continue so long as 
those Justices shall reside within the province, and whilst they are 
absent from it, with his Majesty's leave; but I have no informa- 
tion that any warrants for the payment of such salaries have been 
issued. I, therefore, did not give an immediate assent to the grants 
which you have made for their services the year past, as the war- 
rants, if they should hereafter be transmitted, may include part of 
the same time for which your grants are made, but thought it most 
advisable to consider of some precaution, to prevent all claim from 
the province for any services, for which the Justices may also be 
entitled to a salary from the King. I hope, therefore, a short de- 



366 BIASSACHUSETTS STATE PAPERS. 

lay, which has been occasioned by a regard to your interest, as 
well as by a sense of my duty to his Majesty, will not be thought 
unnecessary. T. HUTCHINSON. 



, MESSAGE 

iROM THE HOUSE OF REPRESENTATIVES TO THE SOVERNOU, 
FEBRUARY 12, 1773. 

May it please your Excellency, 

Your message of the 4th instant, informs this House, that his 
Majesty has been pleased to order that salaries shall be allowed to 
the Justices of the Superior Court of this province. 

We conceive that no Judge, who has a due regard to justice, or 
even to his own character, would choose to be placed under such 
an undue bias as they must be under, in the opinion of this House, 
by accepting of, and becoming dependent for their salaries upon 
the Crown. 

Had not his Majesty been misinformed, with respect to the con- 
stitution and appointment of our Judges, by those who advised to 
this measure, we are persuaded, he would never have passed such 
an order; as he was pleased to declare, upon his accession to the 
throne, that " he looked upon the independence and uprightness 
of the Judges, as essential to the impartial administration of jus- 
tice, as one of the best securities of the rights and liberties of his 
subjects, and as most conducive to the honor of the Crown." 

Your Excellency's precaution to prevent all claim from the pro- 
vince for any services, for which the Justices may also be entitled 
to a salary from the King, is comparatively, of very small consid- 
eration with us. 

When we consider the many attempts that have been made, 
effectually to render null and void those clauses in our charter, 
upon which the freedom of our constitution depends, we should be 
lost to all public feeling, should we not manifest a just resentment. 
We are more and more convinced, that it has been the design of 
administration, totally to subvert the constitution, and intro- 
duce an arbitrary government into this province ; and we can- 
not wonder that the apprehensions of this people are thoroughly 
awakened. 

We wait with impatience to know, and hope your Excellency 
will very soon be able to assure us, that the Justices will ijtterly 
refuse ever to accept of support, in a manner so justly obnoxious 
to the disinterested and judicious part of the good people of this 
province, being repugnant to the charter, and utterly inconsist- 



MASSACHUSETTS STATE PAPERS. 367 

ent with the safety of the rights, liberties, and properties of the 
people. 

[The committee who reported this message, were, Mr. S. Ad- 
ams, Mr. Pickering, Mr. Phillips, Mr. Hancock, Mr. Heath, Mr. 
Foster, and Mr. Denny.] 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR,^ 
FEBRUARY 16, 1773. 

May it phase your Excellency, 

The House of Representatives think it of the last importance, 
to wait on your Excellency, and pray that you would be pleased to 
inform them, whether your Excellency can now satisfy the House, 
that the Justices of the Superior Court have refused, or will refuse, 
to accept of their support from the Crown ; a matter which appears 
to have filled the minds of the good people of this province, with the 
greatest anxiety; and a determination of which, in the affirmative, 
will tend to promote his Majesty's service, and the peace and hap- 
piness of the people. 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

FEBRUARY 16, 1773. 

Gentlemen of the House of Representatives, 

I MOST certainly am not able to inform you, that the Justices 
of the Superior Court have refused, or will refuse, to accept of their 
support from the Crown. All that I thought necessary for me to 
do, before I gave my assent to the grants which you had made, was 
the taking proper caution to prevent their being entitled to a salary 
from the province, after a salary from the Crown should commence, 
if the warrants for the paymerit of such salary should hereafter be 
received. T. HUTCHINSON. 



368 MASSACHUSETTS STATE PAPERS. 

SPEECH 

OF TftE GOVERNOR TO BOTH HOUSES, FEBRUARY 16, 1773. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

The proceedings of such of the inhabitants of the town of 
Boston, as assembled together, and passed and published their re- 
solves or votes, as the act of the town, at a legal town meeting, 
denying, in the most express terms, the supremacy of Parliament, 
and inviting every other town and district in the province, to 
adopt the same principle, and to establish committees of corres- 
pondence, to consult upon proper measures to maintain it, and 
the proceedings of divers other towns, in consequence of this in- 
vitation, appeared to me to be so unwarrantable, and of such a 
dangerous nature and tendency, that I thought myself bound to call 
upon you in my speech at opening the session, to join with me in 
discountenancing and bearing a proper testimony against such ir- , 
regularities and innovations. 

I stated to you fairly and truly, as I conceived, the constitution 
of the kingdom and of the province, so far as relates to the depend- 
ence of the former upon the latter; and I desired you, if you dif- 
fered from me in sentiments, to show me, with candor, my own 
errors, and to give your reasons in support of your opinions, so 
far as you might differ from me. I hoped that you would have 
considered my speech by your joint committees, and have given 
me a joint answer ; but, as the House of Representatives have de- 
clined that mode of proceeding, and as your principles in govern- 
ment are very different, I am obliged to make separate and dis- 
tinct replies. I shall first apply myself to you, 

Gentlemen of the Council, 

The two first parts of your answer, which respect the disorders 
occasioned by the stamp act, and the general nature of supreme 
authority, do not appear to me to have a tendency to invalidate 
any thing which I have said in my speech ; for, however the stamp 
act may have been the immediate occasion of any disorders, the 
authority of Parliament was, notwithstanding, denied, in order to 
justify or excuse them. And, for the nature of the supreme autho- 
rity of Parliament, I have never given you any reason to suppose, 
that I intended a more absolute power in Parliament, or a greater 
degree of active or passive obedience in the people, than what is 
founded in the nature of government, let the form of it be what it 
may. I shall, therefore, pass over those parts of your answer, 
without any other remark. I would also have saved you the trou- 
ble of all those authorities which you have brouglit to show, that 




MASSACHUSETTS STATE PAPERS. 369 

all taxes upon English subjects, must be levied by virtue of the 
act, ii(»t of the King alone, but in conjunction with the Lords and 
Commons, for I should very readily have allowed it; and I should 
as readily have allowed, that all other acts of legislation must be 
passed by the same joint authority, and not by the King alone. 

Indeed, I am not willing to continue a controversy with you, 
upon any other parts of your answer. I am glad to find, that in- 
dependence is not what you have in contemplation, and that you 
will not presume to prescribe the exact limits of the authority of 
Parliament, only, as with due deference to it, you are humbly of 
opinion, that, as all human authority in the nature of it is, and 
ought to be limited, it cannot constitutionally extend, for the rea- 
sons jou have suggested, to the levying of taxes, in any form, on 
his Majesty's subjects of this province. -» 

I will only observe, that your attempts to draw a line as the 
limits of the supreme authority in government, by distinguishing 
some natural rights, as more peculiarly exempt from such autho- 
rity than the rest, rather tend to evince the impracticability of 
drawing such a line ; and, that some parts of your answer seem to 
infer a supremacy in the province, at the same time that you ac- 
knowledge tlie supremacy of Parliament ; for otherwise, the rights 
of the subjects cannot be the same in all essential respects, as you 
suppose them to be, in all parts of the dominions, " under a like 
form of Legislature." 

From these, therefore, and other considerations, I cannot help 
flattering myself, that, upon more mature deliberation, and in or- 
der to a more consistent plan of government, you will choose rather 
to doubt of the expediency of Parliament's exercising its authority 
in cases that may happen, than to limit the authority itself, espe- 
cially, as you agree with me in the proper method of obtaining a 
redress of grievances by constitutional representations, which can- 
not well consist with a denial of the authority to which the repre- 
sentations are made ; and from the best information I have been 
able to obtain, the denial of the authority of Parliament, express- 
ly, or by implication, in those petitions to which you refer, was the 
c «use of their not being admitted, and not any advice given by the 
Minister to the Agents of the colonies. I must enlarge, and be 
more particular in my reply to you. 

Gentlemen of the House of Representatives. 

I shall take no notice of that part of your answer, which attri- 
butes the disorders of the province, to an undue exercise of the 
power of Parliament ; because you take for granted, what can by 
no means be admitted, that Parliament had exercised its power 
without just authority. The sum of your answer, so far as it is 
pertinent to my speech, is this. 

You allege that the colonies were an acquisition of foreign ter- 
vitory, not annexed to the realm of England ; and, therefore, at the 
47 • 



370 MASSACHUSETTS STATE I'APEIlh. 

absolute disposal of the Crown ; the King having, as you take it, a 
constitutional right to dispose of, and alienate any part of his ter- 
ritories, not annexed to the realm ; that Queen Elizabeth accord- 
ingly conveyed the property, dominion, and sovereignty of Vir- 
ginia, to Sir Walter Raleigh, to be held of the Crown by homage 
and a certain render, without reserving any share in the legisla- 
tive and executive authority ; that the subsequent grants of Ame- 
rica were similar in this respect ; that they were without any re- 
servation for securing the subjection of the colonists to the Parlia- 
ment, and future laws of England ; that this was the sense of the 
English Crown, the nation, and our predecessors, when they first 
took possession of this country ; that if the colonies were not then 
annexed to the realm, they cannot have been annexed since that 
time ; that if they are not now annexed to the realm, they are not 
part of the kingdom ; and, consequently, not subject to the legis- 
lative authority of the kingdom ; for no country, by the common 
law, was subject to the laws or to the Parliament, but the realm of 
England. 

Now, if this foundation shall fail you in every part of it, as I 
think it will, the fabric which you have raised upon it must cer- 
tainly fall. 

Let me then observe to you, that as English subjects, and agree- 
able to the doctrine of feudal tenure, all our lands and tenements 
are held mediately, or immediately of the Crown, and although the 
possession and use, or profits, be in the subject, there still remains 
a dominion in the Crown. When any new countries are discov- 
ered by English subjects, according to the general law and usage 
of nations, they become part of the state, and, according to the 
feudal system, the lordship or dominion, is in the Crown ; and a 
right accrues of disposing of such territories, under such tenure, 
or for such services to be performed, as the Crown shall judge 
proper ; and whensoever any part of such territories, by grant 
from the Crown, becomes the possession or property of private 
persons, such persons, thus holding, under the Crown of England, 
remain, or become subjects of England, to all intents and purposes, 
as fully, as if any of the royal manors, forests, or other territory, 
within the realm, had been granted to them upon the like tenure. 
But, that it is now, or was, when the plantations were first gianted, 
the prerogative of the Kings of England to alienate such territo- 
ries from the Crown, or to constitute a number of new govern- 
ments, altogether independent of the sovereign legislative authority 
of the English empire, I can by no means concede to you. I have 
never seen any better authority to support such an opinion, than an 
anonymous pamphlet, by which, I fear, you have too easily been 
misled ; for I shall presently show you, that the declarations of 
King James the I. and of King Charles the I. admitting they are 
truly related by the author of this pamphlet, ought to have no 
weight with you ; nor doesi the cession or restoration, upon a treaty 



P* 









MASSACHUSETTS STATE PAPERS. 371 



of peace, of countries which have been lost, or acquired in war, 
militate with these principles ; nor may any particular act of power 
of a prince, in selling, or delivering up any part of his dominions 
to a foreign prince or state, against the general sense of the na- 
tion, be urged to invalidate them ; and. upon examinition, it will 
appear, that all tb.e grants which have been made of America, are 
founded upon them, and are made to conform to them, even those 
which you have adduced in support of very different principles. 

You do not recollect, that prior, to what you call the first grant 
by Queen Elizabeth to Sir Walter Raleigh, a. grant had been made 
b^ the same Princess, to Sir Humphrey Gilbert, of all such coun- 
tries as he should discover, which were to be of the allegiance of 
lier, her heirs and successors ; but he dying in the prosecution of 
his voyage, a seco?id grant was made to 'Sir Walter Raleigh, which, 
you say, conveyed the dominion and sovereignty, without any re- 
serve of legislative or executive authority, being held by homage 
and a render. To hold by homage, which implies fealty, and a 
render, is descriptive of soccage tenure as fully, as if it had been 
said to hold as of our manor of East Greenwich, the words in your 
charter. Now, this alone was a reserve of dominion and sove- 
reignty in the Queen, her heirs and successors; and, besides this, 
the grant is made upon this express condition, which you pass 
over, that the people remain subject to the Crown of England, the 
head of that legislative authority, which, by the English constitu- 
tion, is equally extensive with the authority of the Crown, through- 
out every part of the dominions. Now, if we could suppose the 
Queen to have acquired, separate from her relation to her subjects, 
or in her natural capacity, which she could not do, a title to a 
country discovered by her subjects, and then to grant the same 
country to English subjects, in her public capacity as Queen of 
England, still, by this grant, she annexed it to the Crown. Thus 
by not distinguishing between the Crown of England, and the Kings 
and Queens of England, in their personal or natural capacities, you 
have been led into a fundamental error, which must prove fatal to 
your system. It is not material, whether Virginia reverted to the 
Crown by Sir Walter's attainder, or whether he never took any 
benefit from his grant, though the latter is most probable, seeing he 
ceased from all attempts to take possession of the country after a 
few years trial. There were, undoubtedly, divers grants made by 
King James tlie I. of the continent of America, in the beginning of 
the seventeenth century, and similar to the grant of Queen Eliza- 
beth, in this respect, that they were dependent on the Crown. 
The charter to the Council at Plymouth, in Devon, dated Novem- 
ber 3, 1620, more immediately respects us, and of that we have 
the most authentic remains. 

By this charter, upon the petition of Sir Ferdinando Gorges, a 
corporation was constituted, to be, and continue by succession, 
forever in the town of Plymouth aforesaid, to which corporation^ 



372 MASSACHUSETTS STATE PAPERS. 

that part of the American continent, which lies between 40 and 
48 degrees of latitude, was granted, to be held of the King, his 
heirs and successors, as of the manor of East Greenwich, with 
powers to constitute subordinate governments in America, and to 
make laws for such governments, not repugnant to the laws and 
statutes of England. From this corporation, your predecessors 
obtained a grant of the soil of the colony of Massachusetts Ray, in 
1627, and in l628,*they obtained a charter from King Charles the 
I. making them a distinct corporation, also within the realm, and 
giving them full powers within the limits of their patent, very like 
to those of the Council of Plymouth, throughout their more exten- 
sive territory. 

We will now consider what must have been the sense of the 
King, of the nation, and of the patentees, at the time of granting 
these patents. From the year 1602, the banks and sea coasts of 
New England had been frequented by English subjects, for catch- 
ing and drying cod fish. When an exclusive right to the fishery 
was claimed, by virtue of the patent of 1620, the House of Com- 
mons was alarmed, and a bill was brought in for allowing a free 
fishery; and, it was upon this occasion, that one of the Secretaries 
of State declared, perhaps, as his own opinion, that the plantations 
were not annexed to the Crown, and so were not within the juris- 
diction of Parliament. Sir EdAvin Sandys, who was one of the 
Virginia Company, and an eminent lawyei-, declared, that he knew 
Virginia had been annexed, and was held of the Crown, as of the 
manor of East Greenwich, and he believed New England was so 
also ; and so it most certainly was. This declaration, made by one 
of the King's servants, you say, shewed the sense of the Crown, 
and, being not secretly, but openly declared in Parliament, you 
would make it the sense of the nation also, notwithstanding your 
own assertion, that the Lords and Commons passed a bill, that 
shewed their sense to be directly the contrary. But if there had 
been full evidence of express declarations made by King James the 
I. and King Charles the I. they were declarations contrary to their 
own grants, which declare this country to be held of the Crown, 
and, consequently, it must have been annexed to it. And may 
not such declarations be accounted for by other actions of those 
princes, who, when they were soliciting the Parliament to grant 
the duties of tonnage and poundage, with other aids, and were, in 
this way, acknowledging the rights of Parliament, at the same time 
were requiring the payment of those duties, with ship money, &c. 
by virtue of their prerogative .►* 

" But to remove all doubts of the sense of the nation, and of the 
patentees of this patent, or charter, in 1620, I need only refer you 
to the account published by Sir Ferdinand© Gorges himself, of the 
proceedings in Parliament upon this occasion. As he was the 
most active Member of the Council of Plymouth, and, as he relates 
what came within his own knowledge and observation, his narra- 



MASSACHUSETTS STATE PAPERS. 373 

tive, which has all the appearance of truth and sincerity, must 
carry conviction with it. He says, that soon after the patent was 
passed, and whilst it lay in the Crown Office, he was summoned to 
appear in Parliament, to answer what was to be objected against 
it; and the House being in a committee, and Sir Edward Coke, 
that great oracle of the law, in the chair, he was called to the bar, 
and was told by Sir Edward, that the House understood that a 
patent had been granted to the said Ferdinaud(», and divers other 
noble persons, for establishing a colony in New England, that this 
was deemed a grievance of the Commonwealth, contrary to the 
laws, and to the privileges of the subject, that it was a monopoly, 
&c. and he required the delivery of the patent into the House. 
Sir Ferdinando Gorges made no doubt of the authority of the 
House, but submitted to their disposal of the patent, as, in their 
wisdom, they thought good ; " not knowing, under favor, how any 
action of that kind could be a grievance to the public, seeing it was 
undertaken for the advancement of religion, the enlargement of 
the bounds of our nation, &c. He was willing, however, to sub- 
mit the whole to their honorable censures." After divers attend- 
ances, he imagined he had satisfied the House, that the planting 
a colony, was of much more consequence, than a simple disorderly 
course of fishing. He was, notwithstanding, disappointed ; and, 
when the public grievances of the kingdom were presented by the 
two Houses, that of the patent for New England was the first. I 
do not know how the Parliament could have shewn more fully the 
sense they then had of their authority over this new acquired ter- 
ritory ; nor can we expect better evidence of the sense which the 
patentees had of it, for I know of no historical fact, of which we 
have less reason to doubt. 

And now, gentlemen, I will shew you how it appears from our 
charter itself, which you say, I have not yet been pleased to point 
out to you, except from that clause, which restrains us from mak- 
ing laws repugnant to the laws of England ; that it was the sense 
of our predecessors, at the time when the charter was granted, that 
they were to remain subject to the supreme authority of Parlia- 
ment. 

Besides this clause, which I shall have occasion further to re- 
mark upon, before I finish, you will find, that, by the charter, a grant 
was made, of exemption from all taxes and impositions upon any 
goods imported into New England, or exported from thence into 
England, for the space of twenty -one years, except the custom of 
five per cent, upon such goods, as, after the expiration of seven years, 
should be brought into England. Nothing can be more plain, than 
that the charter, as well as the patent to the Council of Plymouth, 
constitutes a corporation in England, with powers to create a sub- 
ordinate government or governments within the plantation, so that 
there would always be subjects of taxes and impositions both in 
the kingdom and in the plantation. An exemption for twenty- 



'^ - MASSACHUSETTS STATE PAPERS. 

one years, implies a right of imposition after the expiration of the 
term, and there is no distinction between the kingdom and the 
plantation. By what authority then, in the understanding of the 
parties, were those impositions to be laid ? If any, to support a 
system, should say by tlie King, rather than to acknowledge the 
authority of Parliament, yet this could not be the sense of one of 
our principal patentees, Mr. Samuel Vassal, who, at that instant, 
1628, the date of the charter, was suffering the loss of his goods, 
rather than submit to an imposition laid by the King, without the 
authority of Parliament ; and to prove, that a few years after, it 
could not be the sense of the rest, I need only to refer you to your 
own records for the year 1642, where you will find an order of the 
House of Commons, conceived in such terms, as discover a plain 
reference to this part of the charter, after fourteen years of the 
twenty-one were expired. By this order, the House of Commons 
declare, that all goods and merchandize exported to New England, 
or imported from thence, shall be free from all taxes and imposi- 
tions, both in the kingdom and New England, until the House 
shall take further order therein to the contrary. The sense which 
our predecessors had of the benefit which they took from this or- 
der, evidently appears from the vote of the General Court, ac- 
knowledging their humble thankfulness, and preserving a grateful 
remembrance of the honorable respect from that high court, and 
resolving, that the order sent unto them, under the hand of the 
Clerk of the honorable House of Commons, shall be entered among 
their public records, to remain there unto posterity. And, in an 
address to Parliament, nine years after, they acknowledge, among 
other undeserved favors, that of taking off the customs from them. 
I am at a loss to know what your ideas could be, when you say, 
that if the plantations are not part of the realm, they are not part 
of the kingdom, seeing the two words can properly convey but one 
idea, and they have one and the same signification in the different 
languages from whence they are derived. I do not charge you 
with any design ; but the equivocal use of the word realm, in seve- 
ral parts of your answer, makes them perplexed and obscure. 
Sometimes you must intend the whole dominion, which is subject 
to the authority of Parliament ; sometimes only strictly the terri- 
torial realm to which other dominions are, or may be annexed. If 
you mean that no countries, but the ancient territorial realm, can, 
constitutionally, be subject to the supreme authority of England, 
which you have very incautiously said, is a rule of the common 
law of England ; this is a doctrine which you will never be able 
to support. That the common law should be controled and chang- 
ed by statutes, every day's experience teaches, but that the com- 
mon law prescribes limits to the extent of the Legislative power, 
I believe has never been said upon any other occasion. That acts 
of Parliaments, for several hundred years past, have respected 
countries, which are not strictly within the realm, you might easily 



MASSACHUSETTS STATE PAPERS. 375 

have discovered by the statute books. You will find acts for reg- 
ulating the affairs of Ireland, though a separate and distinct king- 
dom. Wales and Calais, whilst they sent no Representatives to 
Parliament, were subject to the like regulations ; so are Guernsey, 
Jersey, Alderney, &c. which send no Members to this day. These 
countries are not more properly a part of the ancient realm, than 
the plantations, nor do I know they can more properly be said to 
be annexed to the realm, unless the declaring that acts of Parlia- 
ment shall extend to Wales, though not particularly named, shall 
make it so, which I conceive it does not, in the sense you intend. 

Thus, I think, I have made it appear that the plantations, though 
not strictly within the realm, have, from the beginning, been con- 
stitutionally subject to the supreme authority of the realm, and are 
so far annexed to it, as to be, with the realm and the other de-" 
pendencies upon it, one entire dominion ; and that the plantation, 
or colony of Massachusetts Bay in particular, is holden as feuda- 
tory of the imperial Crown of England. Deem it to be no part of 
the realm, it is immaterial ; for, to use the words of a very great 
authority in a case, in some respects analogous, " being feuda- 
tory, the conclusion necessarily follows, that it is under the govern- 
ment of the King's laws and the King's courts, in cases proper for 
them to interpose, though (Hke Counties Palatine) it has peculiar 
laws and customs, jura regalia, and complete jurisdiction at 
home." 

Your remark upon, and construction of the words, not repug- 
nant to the laws of England, are much the same with those of the 
Council; but, can any reason be assigned, why the laws of Eng- 
land, as they stood just at that period, should be pitched upon as 
the standard, more than at any other period ? If so, why was it 
not recurred to, when the second charter was granted, more than 
sixty years after the first ? It is not improbable, that the original 
intention might be a repugnancy in general, and a fortiori, such 
laws as were made more immediately to respect us, but the sta- 
tute of 7th and 8th of King William and Queen Mary, soon after 
the second charter, favors the latter construction only ; and the 
province agent, Mr. Dummer, in his much applauded defence of 
the charter, says, that, then a law in the plantations may be said 
to be repugnant to a law made in Great Britain, when it flatly con- 
tradicts it, so far, as the law made there, mentions and relates to 
the plantations. But, gentlemen, there is another clause, both in 
the first and second charter, which, I think, will serve to explain 
this, or to render all dispute upon the construction of it unneces- 
sary. You are enabled to impose such oaths only, as are warrant- 
able by, or not repugnant to the laws and statutes of the realm. 
I believe you will not contend, that these clauses must mean such 
oaths only, as were warrantable at the respective times when the 
charters were granted. It has often been found necessary, since 
the date of the charters, to alter the forms of the oaths to the gov- 



376 MASSACHUSETTS STATE PAPERS. 

ernment by acts of Parliament, and such alterations have always 
been conformed to in the plantations. 

Lest you should think that I admit the authority of King Charles 
the II. in giving his assent to an act of the Assembly of Virginia, 
which you subjoin to the authorities of James the 1. and Charles 
the I. to have any weight, I must observe to you, that I do not see 
any greater inconsistency with Magna Charta, in the King's giving 
his assent to an act of a subordinate Legislature immediately, or 
in person, than when he does it mediately by his Governor or Sub- 
stitute J but, if it could be admitted, that such an assent discovered 
the King's judgment that Virginia was independent, would you 
lay any stress upon it, when the same King was, from time to time, 
giving his assent to acts of Parliament, which inferred the depend- 
ence of all the colonies, and had by one of those acts, declared the 
plantations to be inhabited and peopled by his Majesty's subjects 
of England ^ 

I gave you no reason to remark upon the absurdity of a grant to 
persons born within the realm, of the same liberties which would 
have belonged to them, if they had been born within the realm ; 
but i-ather guarded against it, by considering such giant as declar- 
atory only, and in the nature of an assurance, that the plantations 
would be considered as the dominions of England. But is there 
no absurdity in a grant from the King of England, of the liberties 
and immunities of Englishmen to persons born in, and who are to 
inhabit other territories than the dominions of England ; and would 
such grant, whether by charter, or other letters patent, be sufficient 
to make them inheritable, or to entitle them to the other liberties 
and immunities of Englishmen, in any part of the English domin- 
ions ? 

As I am willing to rest the point between us, upon the planta- 
tions having been, from their first discovery and settlement under 
the Oown, a part of the dominions of England, I shall not take up 
any time in remarking upon your arguments, to show, that since 
that time, they cannot have been made a part of those dominions. 

The remaining parts of your answer, are principally intended to 
prove, that under both charters, it hath been the sense of the peo- 
ple, that they were not subject to the jurisdiction of Parliament, 
and, for this purpose, you have made large extracts from the history 
of the colony. Whilst you are doing honor to the book, by laying 
any stress upon its authority, it would have been no more than 
justice to the author, if you had cited some other passages, which 
would have tended to reconcile the passage in my speech, to the 
history. I have said, that except about the time of the anarchy, 
which preceded the restoration of King Charles the IL I have not 
discovered that the authority of Parliament had been called in 
question, even by particular persons. It was, as I take it, from 
the principles imbibed in those times of anarchy, that the persons 
of influence, mentioned in the history, disputed the authority ot 



TUASSACIIUSETTS STATE PAPERS. 377 

Parliament, but the government would not venture to dispute it. 
On the contrary, in four or five years after the restoration, the 
government declared to the King's commissioners, that the act of 
navigation had been for some years observed here, that they knew 
not of its being greatly violated, and that such laws as appeared 
to be against it, were repealed. It is not strange, that these per- 
sons of influence, siiould prevail upon a great part of the people to 
fall in, for a time, witli their opinions, and to suppose acts of the 
colony necessary to give force to acts of Parliament. The govern- 
ment, however, several ^-^ears before the charter was vacated, more 
explicitly acknowledged the authority of Parliament, and voted 
that their Governor should take the oath required of him, faith- 
fully to do, and perform all matters and things, enjoined him by 
tlie acts of trade. I have not recited in my speech, all these par- 
ticulars, nor had I them all in my mind ; but, I think, I have said 
nothing inconsistent with them. My principles in government, are 
still the same, with what they appear to be in the book, you refer 
to ; nor am 1 conscious, that by any part of my conduct, I have 
given cause to suggest the contrary. 

Inasmuch, as you say, that I have not particularly pointed out 
to you the acts and doings of the General Assembly, which relate 
to acts of Parliament ; I will do it now, and demonstrate to you, 
that such acts have been acknowledged by the Assembly, or sub- 
mitted to by the people. 

From your predecessors removal to America, until the year 1640. 
tlrere was no session of Parliament; and the first short session, of 
a few days only, in 1640, and the whole of the next session, un- 
til the withdraw of the King, being taken up in the disputes 
between the King and the Parliament, there could be no room for 
plantation affairs. Soon after the King's withdraw, the House of 
Commons passed the memorable order of 1642; and, from that 
time to the restoration, this plantation seems to have been distin- . 
guished from the rest ; and the several acts and ordinances, which 
respected the other plantations, were never enforced here ; and, 
possibly, under color of the exemption, in 1642, it might not be 
intended they should be executed. 

For fifteen or sixteen years after the restoration, there was no 
officer of the customs in the colony, except the Governor, annually 
elected by the people, and the acts of trade were but little regard- 
ed ; nor did the Governor take the oath required of Governors, by 
the act of the 12th of King Charles the II. until the time which I 
have mentioned. Uppn the revolution, the force of an act of Par- 
liament was evident, in a case of as great importance, as any which 
could happen to the colony. King William and Queen Mary were 
proclaimed in the colony, King and Queen of England, France, 
and Ireland, and the dominions thereunto belonging, in the room 
of King James ; and this, not by virtue of an act of the colony, for 
no such act ever passed, but by force of an act of Parliament, which 
48 



378 MASSACHUSETTS STATE PAPERS. 

altered the succession to the Crown, and for which, the people, 
waited several weeks, with anxious concern. By force of another 
act of Parliament, and that oidy, such officers of the colony as had 
taken the oaths of allegiance to King James, deemed themselves 
at liberty to take, and accordingly did take, the oaths to King 
"William and Queen Mary. And that I may mention other acts 
of the like nature together, it is by force of an act of Parliament, 
that the illustrious house of Hanover succeeded to the throne of 
Britain and its dominions, and by several other acts, the forms of 
the oaths have, from time to time, been altered ; and, by a late 
act, that form was established which every one of us has com- 
plied with, as the cliarter, in express words, requires, and makes 
our duty. Shall we now dispute, whether acts of Parliament have 
been submitted to, when we find them submitted to, in points which 
are of the very essence of our constitution .'' If you should disown 
that authority, which has power even to change the succession to 
the Crown, are you in no danger of denying the authority of our 
most gracious Sovereign, which I am sure none of you can have in 
your thoughts .^ 

I think 1 have before shewn you, gentlem^i, what must have 
been the sense of our predecessors, at the time of the first charter ; 
let us now, whilst we are upon the acts and doings of the Assem- , 
bly, consider what it must have been at the time of the second 
charter. Upon the first advice of the revolution, in England, the 
authority which assumed the government, instructed their agents 
to petition Parliament to restore the first charter, and a bill for 
that purpose, passed the House of Commons, but went no fur- 
ther. Was not this owning the authority of Parliament ^ By an 
act of Parliament, passed in the first year of King William and 
Queen Mary, a form of oaths was established, to be taken by those 
Princes, and by all succeeding Kings and Queens of England, at 
their coronation ; the first of which is, that they will govern the 
people of the kingdom, and the dominions thereunto belonging, 
according to the statutes in Parliament agreed on, and the laws 
and customs of the same. When the colony directed their agents 
to make their humble application to King William, to grant the 
second charter, they could have no other pretence, than, as they 
were inhabitants of part of the dominions of England ; and they 
also knew the oath the King had taken, to govern them according 
to the statutes in Parliament. Surely, then, at the time "bf this 
charter, also, it was the sense of our predecessors, as well as of 
the King and of the nation, that there was, and would remain, a 
supremacy in the Parliament. About the same time, they ac- 
knowledge, in an address to the King, that they have no power to 
make laws repugnant to the laws of England. And, immediately 
after the assumption of the powers of government, by virtue of the 
new charter, an act was passed to revive, for a limited time, all 
the local laws of the colonies of Massachusetts Bay and New Ply- 



MASSACHUSETTS STATE PAPERS. 379 

mouth, respectively, not repugnant to the Uiws of England. And^ 
at tlie same session, an act passsed, establishing naval officers, in 
several ports of the province, for which, this r^sason is given ; that 
all undue trading, contrary to an act of Parliament, made in the 
15th year of King Charles the II. may be prevented in this, their 
Majesty's province. The act of this province, passed so long ago 
as the second year of King George the I. for stating the fees of 
the custom house officers, must have relation to the acts of Par- 
liament, by which they are constituted ; and the provision made in 
that act of the province, for extending the port of Boston to all the 
roads, as far as Cape Cod, could be for no other purpose, than for 
the more effectual carrying the acts of trade into execution. And, 
to come nearer to the present time, when an act of Parliament had 
passed, in 1771, for putting an end to certain unwarrantable 
schemes, in this province, did the authority of government, or 
those persons more immediately affected by it, ever dispute the va- 
lidity of it .'' On the contrary, have not a number of acts been 
passed in the province, the burdens to which such persons were 
subjected, might be equally apportioned ; and have not all those 
acts of the province been very carefully framed, to prevent their 
militating with the act of Parliament ? I will mention, also, an. 
act of Parliament, made in the first year of Queen Anne, although 
the proceedings upon it, more immediately respected the Council. 
By this act, no office, civil or military, shall be void, by the death 
of the King, but shall continue six months, unless suspended, or 
made void, by the next successor. By force of this act. Governor 
Dudley continued in the administration six months from the de- 
mise of Queen Anne, and immediately after, the Council assumed 
the administration, and continued it, until a proclamation arrived 
from King George, by virtue of which, Governor Dudley reassumed 
the government. It would be tedious to enumerate the addresses, 
votes and messages, of both the Council and House of Represent- 
atives, to the same purpose. I have said enough to shew that this 
government has submitted to Parliament, from a conviction of its 
constitutional supremacy, and this not from inconsideration, nor 
merely from reluctance at the idea of contending with the parent state. 
If, then, I have made it appear, that both by the first and second 
charters, we hold our lands, arid the authority of government, not 
of the King, but of the Crown of England, that being a dominion 
of the Crown of England, we are consequently subject to the su- 
preme authority of England. That this hath been the sense of this 
plantation, except in those few years when the principles of anar- 
chy, which had prevailed in the kingdom, had not lost their influ- 
ence here ; and if, upon a review of your principles, they shall 
appear to you to have been delusive and erroneous, as I think 
they must, or, if you shall only be in doubt of them, you certainly 
will not draw that conclusion, which otherwise you might do, and 
•which I am glad you have hitherto avoided j especially when you 



380 MASSACHUSETTS STATE PAPERS. 

consider the obvious and inevitable distress and misery of inde- 
pendence upon our mother country, if such independence could 
be allowed or maintained, and the probability of much greater dis- 
tress, which we arc not able to foresee. 

You ask me, if we have not reason to fear we shall soon be re- 
duced to a worse situation than that of the colonies of France, 
Spain, or Holland. I may safely affirm that we have not ; that 
ive have no reason to fear any evils from a submission to the au- 
thority of Parliament, equal to what we must feel from its autho- 
rity being disputed, from an uncertain rule of law and government. 
For more than seventy years together, the supremacy of Parlia- 
ment was acknowledged, without complaints of grievance. The 
effect of every measure cannot be foreseen by human wisdom. 
What can be expected more, from any authority, than, when the 
unfitness of a measure is discovered, to make it void ? When, 
upon the united representations and complaints of the American 
colonies, any acts have appeared to Parliament, to be unsalutary, 
have there not been repeated instances of the repeal of such acts ? 
We cannot expect these instances should be carried so far, as to be 
equivalent to a disavowal, or relinquishment of the right itself. 
Why, then, shall we fear for ourselves, and our posterity, greater 
I'igor of government for seventy years to come, than what we, 
and our predecessors have felt, in the seventy years past. 

You must give me leave, gentlemen, in a few words, to vindicate 
myself from a charge, in one part of your answer, of having, by my 
speech, reduced you to the unhappy alternative of appearing, by 
your silence, -to acquiesce in my sentiments, or of freely discussing 
this point of the supremacy of Parliament. I saw, as I have before 
observed, the capital town of the province, without being reduced 
to such an alternative, voluntarily, not only discussing but deter- 
mining this point, and inviting every other town and district in 
the province to do the like. I saw that many of the principal towns 
had followed the example, and that there was imminent danger of 
a compliance in most, if not all the rest, in order to avoid being- 
distinguished. Was not I reduced to the alternative of rendering 
myself justly obnoxious to the displeasure of my Sovereign, by ac- 
quiescing in such irregularities, or of calling upon you to join with 
me in suppressing them ? Might I not rather have expected from 
you an expression of your concern, that any persons should project 
and prosecute a plan of measures, which would lay me under the 
necessity of bringing this point before you ? It was so far from be- 
ing my inclination, that nothing short of a sense of my duty to the 
King, and the obligations I am under to consult your true intei-est, 
eould have compelled me to it. 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 
We all profess to be the loyal and dutiful subjects of the King 



MASSACHUSETTS STATE PAPERS. 381 

of Great Britain. His Majesty considers the British empire as 
one entire dominion, subject to one supreme legislative power ; a 
due submission to which, is essential to the maintenance of the 
rights, liberties and privileges of the several parts of this dominion. 
We have abundant evidence of his Majesty's tender and impartial 
regard to the rights of his subjects ; and I am authorised to say, 
that " his Majesty will most graciously approve of every constitu- 
tional measure that may contribute to the peace, the happiness, and 
prosperity of his colony of Massachusetts Bay, and which may have 
the effect to shew to "the v/orld, that he has no wish beyond that 
of reigning in the hearts and affections of his people." 

T. HUTCHINSON. 



ANSWER 

OF THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, 
OF FEBRUARY SIXTEENTH FEBRUARY 25, 1773. 

May it please your Excellency, 

As a small part only of your Excellency's last speech to botli 
Houses, is addressed to the Board, there are but a few clauses on 
which we shall remark. 

With regard to the disorders that have arisen, your Excellency 
and the Board, have assigned different causes. The cause yoii 
are pleased to assign, together with the disorders themselves, we 
suppose to be effects, arising from the stamp act, and certain other 
acts of Parliament. If we were not mistaken in this, which you 
do not assert, it so far seems to invalidate what is said in your 
speech, on that head. 

We have taken notice of this only, because it stands connected 
with another matter, on which we would make a few further ob- 
servations. What we refer to, is the general nature of supreme 
authority. We have already offered reasons, in which your Ex- 
cellency seems to acquiesce, to shew that, though the term iw- 
preme, sometimes carries with it the idea of unlimited authority, it 
cannot, in that sense, be applied to that which is human. What 
is usually denominated the supreme authority of a nation, must 
nevertheless be limited in its acts to the objects that are properly 
or constitutionally cognizable by it. To illustrate our meaning, 
we beg leave to quote a passage from your speech, at the openinj;; 
of the session, where your Excellency says, ^ so much of the spirit 
of liberty breathes through all parts of the English constitution, 
that, although from the nature of government, there must he one 
supreme authority over the whole, yet, this constitution will admit 



MASSACHUSETTS STATE PAPERS. 

of subordinate powers, with legislative and executive authority, 
greater or less, according to local and other circumstances." This 
is very true, and implies that the legislative and executive author- 
ity granted to the subordinate powers, should extend and operate, 
as far as the grant allows ; and that, if it does not exceed the lim- 
its prescribed to it, and no forfeiture be incurred, the supreme 
power has no rightful authority to take away or diminish it, or to 
substitute its own acts, in cases wherein the acts of the subordi- 
nate power can, according to its constitution, operate. To suppose 
the contrary, is to suppose, that it has no property in the privileges 
granted to it ; for, if it holds them at the will of the supreme power, 
which it must do, by the above supposition, it can have no property 
in them. Upon which principle, which involves the contradiction, 
that what is granted, is, in reality, not granted, no subordinate 
power can exist. But, as in fact, the two powers are not 
incompatible, and do subsist together, each restraining its acts 
to their constitutional objects, can we not from hence, see how the 
supreme power may supervise, regulate, and make general laws 
for the kingdom, without interfering with the privileges of the sub- 
ordinate powers within it ? And also, see how it may extend its 
care and protection to its colonies, without injuring their consti- 
tutional rights ? What has been here said, concerning supreme 
authority, has no reference to the manner in which it has been, in 
fact, exercised ; but is wholly confined to its general nature. And, 
if it conveys any just idea of it, the inferences that have been, at 
any time, deduced from it, injurious to the rights of the colonists, 
are not well founded ; and have, probably, arisen from a miscon- 
ception of the nature of that authority. 

Your Excellency represents us, as introducing a number of au- 
thorities, merely to shew, that " all taxes upon English subjects, 
must be levied by virtue of the act, not of the King alone, but in 
conjunction with the Lords and Commons ;" and, are pleased to 
add, that "you should very readily have allowed it; and you 
should as readily have allowed, that all other acts of legislation, 
must be passed by the same joint authority, and not by the King 
alone." Your Excellency " would have saved us the trouble of all 
those authorities ;" and, on our part, we should have been as wil- 
ling to have saved your Excellency the trouble of dismembering 
our argument, and from thence, taking occasion to represent it in 
a disadvantageous light, or rather, totally destroying it. 

Injustice to ourselves, it is necessary to recapitulate that arg^j 
ment, adduced to prove the inhabitants of this province are not, 
constitutionally, subject to Parliamentary taxation. In order 
thereto, we recurred to Magna Charta, and other authorities. 
And the argument abridged, stands thus : that, from those author- 
ities, it appears an essential part of the English constitution, 
"that no tallage, or aid, or tax, shall be laid or levied, without the 
good will and assent of the freemen of the commonaltv of thf 



MASSACHUSETTS STATE PAPERS. 583 

i-ealm." That, from common law, and the province charter, the 
inhabitants of this province are clearly entitled to all the rights of 
free and natural subjects, within the realm. That, among those 
rights, must be included the essential one just mentioned, concern- 
ing aids and taxes ; and therefore, that no aids or taxes can be 
levied on us, constitutionally, without our own consent, signified 
by our Representatives. From whence, the conclusion is clear, 
that therefore, the inhabitants of this province are not, constitution- 
ally, subject to Parliamentary taxation. 

We did not bring those authorities to shew the tax acts, or any 
other acts of Parliament, in order to their validity, must have the 
concurrence of King, Lords, and Commons ; but to shew, that it 
has been, at least from the time of Magna Charta, an essential 
right of free subjects witliin the realm, to be free from all taxes, but 
such as were laid with their own consent. And it was proper to 
shew this, as the rights and liberties, granted by the province char- 
ter, were to be equally extensive, to all intents and purposes, with 
those enjoyed by free and natural subjects within the realm. 
Therefore, to shew our own right in relation to taxes, it was neces- 
sary to shew the rights of freemen within the realm, in relation to 
them ; and for this purpose, those authorities were brought, and not 
impertinently, as we humbly apprehend. Nor have we seen rea- 
son to change our sentiments with respect to this matter, or any 
other contained in our answer to your Excellency's speech. 

In the last clause of your speech, your Excellency informs the 
two Houses, " you are authorised to say, that his Majesty will 
most graciously approve of every constitutional measure, that may 
contribute to the peace, the happiness and prosperity of his colony 
of Massachusetts Bay." We have the highest sense of his Majes- 
ty's goodness in his gracious disposition to approve of such mea- 
sures, which, as it includes his approbation of the constitutional 
rights of his subjects of this colony, manifests his inclination to 
protect them in those rights ; and to remove the incroachments 
that have been made upon them. Of this act of royal goodness, 
they are not wholly unworthy, as in regard to loyalty, duty, and 
affection to his Majesty, they stand among the foremost of his faith- 
ful subject«. 

[The committee who prepared this answer, were, Mr. Bowdoin^ 
Col. Otis, Mr. Dexter, Col.- Ward, and Mr. Spooner.] 



384 MASSACHUSETTS STATE PAPERS. 

^ ANSWER 

OF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE 
GOVERNOR, OF FEBRUARY SIXTEENTH MARCH 2, 1773. 

May it please your Eivcellency, 

In your speech, at the opening of the present sessio«, your 
Excellency expressed your displeasure, at some late proceedings 
of the town of Boston, and other principal towns in the province. 
And, in another speech to both Houses, we have your repeated 
exceptions at the same proceedings, as being " unwarrantable," 
and of a dangerous nature and tendency ; " against which, you 
thought yourself bound to call upon us to join with you in bearing 
a proper testimony." This House have not discovered any prin- 
ciples advanced by the town of Boston, that are unwarrantable by 
the constitution ; nor does it appear to us, that they have " invit- 
ed every other town and distrinct in the province, to adopt their 
principles." We are fully convinced, that it is our duty to bear 
our testimony against " innovations, of a dangerous nature and 
tendency ;" but, it is clearly our opinion, that it is the indisputa- 
ble right of all, or any of his Majesty's subjects, in this province, 
regularly and orderly to meet together, to state the grievances they 
labor under ; and, to propose, and unite in such constitutional 
measures, as they shall judge necessary or proper, to obtain re- 
dress. This right has been frequently exercised by his Majesty's 
subjects within the realm ; and, we do not recollect an instance, 
since the happy revolution, when the two Houses of Parliament 
have been called upon to discountenance, or bear their testimony 
against it, in a speech from the throne. 

Your Excellency is pleased to take notice of some things, which 
we " allege," in our answer to your first speech ; and, the obser- 
vation you make, we must confess, is as natural, and undeniably 
true, as any one that could have been made ; that, " if our founda- 
tion shall fail us in every part of it, the fabric we have raised upon 
it, must certainly fall." You think this foundation will fail us ; 
but, we wish your Excellency had condescended to a considera- 
tion of what we have " adduced in support of our principles." 
We might then, perhaps, have had some things offered for our con- 
viction, more than bare affirmations ; which, we must beg to be 
excused, if we say, are far from being sufficient, though they came 
with your Excellency's authority, for which, however, we have a 
due legard. 

Your Excellency says, that, " as English subjects, and agreeable 
to the doctrine of the feudal tenure, all our lands are held medi- 
ately, or immediately, of the Crown." We trust, your Excellency 
does not mean to introduce tlie feudal system in its perfection .: 



MASSACHUSETTS STATE PAPERS. 385 

which, to use the words of one of our greatest historians, was " a 
stati of perpetual war, anarchy, and confusion, calculated solely for 
defence against the assaults of any foreign power ; but, in its provi- 
sion for the interior order and tranquillity of society, extremely de- 
fective. A constitution, so contradictory to all the principles that 
govern mankind, could never be brought about, but by foreign con- 
quest or native usurpation." And, a very celebrated writer calls it, 
" that most iniquitous and absurd form of government, by which 
human nature was so shamefully degraded." This system of ini- 
quity, by a strange kind of fatality, " though originally formed for 
an encampment, and for military purposes only, spread over a great 
part of Europe ;" and, to serve the purposes of oppression and ty- 
ranny, " was adopted by princes, and wrought into their civil con- 
stitutions ;" and, aided by the canon law, calculated by the Roman 
Pontiff, to exalt himself above all that is called God, it prevailed to 
the almost utter extinction of knowledge, virtue, religion, and lib- 
erty from that part of the earth. But, from the time of the reform- 
ation, in proportion as knowledge, which then darted its rays upon 
the benighted world, increased, and spread among the people, they 
grew impatient under this heavy yoke ; and the most virtuous and 
sensible among them, to whose steadfastness, we, in this distant age 
and climate, are greatly indebted, were determined to get rid of it ; 
and, though they have in a great measure subdued its power and 
influence in England, they have never yet totally eradicated its 
principles. 

Upon these principles, the King claimed an absolute right to, and 
a perfect estate in, all the lands within his dominions ; but, how he 
came by this absolute right and perfect estate, is a mystery Avhich 
we have never seen unravelled, nor is it our business or design, at 
present, to inquire. He granted parts or parcels of it to his friendsj 
the great men, and they granted lesser parcels to their tenants. 
All, therefore, derived their right and held their lands, upon these 
principles, mediately or immediately of the King ; which Mr. Black- 
stone, however, calls, " in reality, a mere fiction of our English 
tenures." 

By what right, in nature and reason, the christian princes in Eu- 
rope, claimed the lands of heathen people, upon a discovery made 
by any of their subjects, is equally mysterious. Such, however, was 
the doctrine universally prevailing, when the lands in America were 
discovered ; but, as the people of England, upon those principles, 
held all the lands they possessed, by grants from the King, and the 
King had never granted the lands in America to them, it is certain 
they could have no sort of claim to them. Upon the principles ad- 
vanced, the lordship and dominion, like that of the lands in England, 
was in the King solely ; and a right from thence accrued to him, of 
disposing such territories, under such tenure, and for such services 
to be performed, as the King or Lord thought proper. But how 
49 



386 MASSACHUSETTS STATE PAPERS. 

the grantees became subjects of England, that is, the supreme au- 
thority of the Parliament, your Excellency has not explained to us. 
We conceive that upon the feudal principles, all power is in the 
King ; they afford us no idea of Parliament. " The Lord was in 
early times, the Legislator and Judge over all his feudatories," says 
Judge Blackstone. By the struggle for liberty in England, from 
the days of King John, to the last happy revolution, the constitu- 
tion has been gradually changing for the better ; and upon the more 
rational principles, that all men. by nature, are in a state of equality 
in respect of jurisdiction and dominion, power in England has been 
more equally divided. And thus, also, in America, though we hold 
our lands agreeably to the feudal principles of the King ; yet our 
predecessors wisely took care to enter into compact with the King, 
that power here should also be equally divided, agreeable to the 
original fundamental principles of the English constitution, declared 
in Magna Charta, and other laws and statutes of England, made to 
confirm them. 

Your Excellency says, " you can by no means concede to us that 
it is now, or was, when the plantations were first granted, the pre- 
rogative of the Kings of England, to constit^ute a number of new 
governments, altogether independent of the sovereign authority of 
the English empire." By the feudal principles, upon which you say 
" all the grants which have been made of America, are founded, the 
constitutions of the Emperor, have the force of law." If our gov- 
ernment be considered as merely feudatory, we are subject to the 
King's absolute will, and there is no authority of Parliament, as the 
sovereign authority of the British empire. Upon these principles, 
what could hinder the King's constituting a number of independent 
governments in America ? That King Charles the I. did actually 
set up a government in this colony, conceding to it powers of mak- 
ing and executing laws, without any reservation to the English Par- 
liament, of authority to make future laws binding therein, is a fact 
which your Excellency has not disproved, if you have denied it, 
Nor have you shewn that the Parliament or nation objected to it ; 
from whence we have inferred that it was an acknowledged right. 
And we cannot conceive, why the King has not the same right to 
alienate and dispose of countries acquired by the discovery of his 
subjects, as he has to "restore, upon a treaty of peace, countries 
which have been acquired in war," carried on at the charge of the 
nation ; or to " sell and deliver up any part of his dominions to a 
foreign Prince or state, against the general sense of the nation ;" 
which is " an act of power," or prerogative, which your Excellency 
allows. You tell us, that, " when any new countries are discovered 
by English subjects, according to the general law and usage of na- 
tions, they become part of the state. The law of nations is, or 
ought to be, founded on the law of reason. It was the saying of 
Sir Edwin Sandis, in the great case of the union of the realm of 



MASSACHUSETTS STATE PAPERS. 38*7 

Scotland with England, which is applicable to our present purpose, 
that " there being no precedent for. this case in the law, the law is 
deficient ; and the law being deficient, recourse is to be had to cus- 
tom ; and custom being insufficient, we must recur to natural rea- 
son ;" the greatest of all authorities, which, he adds, " is the law of 
nations." The opinions, therefore, and determinations of the great- 
est Sages and Judges of the law in the Exchequer Chamber, ought not 
to be considered as decisive or binding, in our present controversy 
with your Excellency, any further, than they are consonant to natu- 
ral reason. If, however, we were to recur to such opinions and 
determinations, we should find very great authorities in our favor, 
to show, that the statutes of England are not binding on those who 
are not represented in Parliament there. The opinion of Lord 
Coke, that Ireland was bound by statutes of England, wherein they 
were named, if compared with his other writings, appears manifestly 
to be grounded upon a supposition, that Ireland had, by an act of 
their own, in the reign of King John, consented to be thus bound ; 
and, upon any other supposition, this opinion would be against' rea- 
son ; for consent only gives human laws their force. We beg leave, 
upon what your Excellency has observed of the colony becoming a 
part of the state, to subjoin the opinions of several learned civilians, 
as quoted by a very able lawyer in this country. " Colonies," says 
PufFendorf, " are settled in different methods ; for, either the 
colony continues a part of the Commonwealth it was set out from, 
or else is obliged to pay a dutiful regard to the mother Common- 
wealth, and to be in readiness to defend and vindicate its honor, 
and so is united by a sort of unequal confederacy ; or, lastly, is 
erected into a separate Commonwealth, and assumes the same 
rights, with the state it descended from." And, King TuUius, as 
quoted by the same learned author, from Grotius, says, " we look 
upon it to be neither truth nor justice, that mother cities, ought, of 
necessity, and by the law of nature, to rule over the colonies." 

Your Excellency has misinterpreted what we have said, " that no 
country, by the common law, was subject to the laws or the Parlia- 
ment, but the realm of England ;" and, are pleased to tell us, " that 
we have expressed ourselves incautiously." We beg leave to re- 
cite the words of the Judges of England, in the before mentioned 
case, to our purpose. " If a King go out of England with a com- 
pany of his servants, allegiance remaineth among his subjects and 
servants, although he be out of his realm, whereto his laws are con- 
fined." We did not mean to say, as your Excellency would sup- 
pose, that " the common law prescribes limits to the extent of the 
Legislative power," though, we shall always affirm it to be true, of 
the law of reason and natural equity. Your Excellency thinks, you 
have made it appear, that the " colony of Massachusetts Bay is hold- 
en as feudatory of the imperial Crown of England ;" and, therefore, 
you say, " to use the words of a very great authority in a case, in 



38S MASSACHUSETTS STATE PAPERS. 

some respects analogous to it," being feudatory, it necessarily fol- 
lows, that " it is under the government of the King's laws." Your 
Excellency has not named this authority ; but, we conceive his 
meaning must be, that being feudatory, it is under the government 
of the King's laws absolutely ; for, as we have before said, the feu- 
dal system admits of no idea of the authority of Parliament ; and 
this would have been the case of the colony, but for the compact 
with the King in the charter. 

Your Excellency says, that " persons thus holding under the 
Crown of England, remain, or become subjects of England," by 
which, we suppose your Excellency to mean, subject to the supreme 
authority of Parliament, " to all intents and purposes, as fully, as 
if any of the royal manors, &c. within the realm, had been granted 
to them upon the like tenure." We apprehend, with submission, 
your Excellency is mistaken in supposing that our allegiance is due 
to the Crown of England. Every man swears allegiance for him- 
self, to his own King, in his natural person. " Every subject is 
presumed by law to be sworn to the King, which is to his natural 
person," says Lord Coke. Rep. on Calvin's case. " The allegi- 
ance is due to his natural body ;" and, he says, "in the reign of 
Edward II. the Spencers, the father and the son, to cover the trea- 
son hatched in their hearts, invented this damnable and damned, 
opinion, that homage and oath of allegiance was more by reason of 
the King's Crown, that is, of his politic capacity, than by reason of 
the person of the King ; upon which opinion, they inferred execra- 
ble and detestable consequents." The Judges of England, all but 
one, in the case of the union between Scotland and England, de- 
clared, that " allegiance followeth the natural person, not the poli- 
tic ;" and, " to prove the allegiance to be tied to the body natural 
of the King, and not to the body politic, the Lord Coke cited the 
phrases of divers statutes, mentioning our natural liege Sovereign." 
If. then, the homage and allegiance is not to the body politic of the 
King, then it is not to him as the head, or any part of that Legisla- 
tive authority, which your Excellency says, " is equally extensive 
with the authority of the Crown throughout every part of the do- 
minion ;" and your Excellency's observations thereupon, must fail. 
The same Judges mention the allegiance of a subject to the Kings 
of England, who is out of the reach and extent of the laws of Eng- 
land, which is perfectly reconcileable with the principles of our an- 
cestors, quoted before from your Excellency's history, but, upon 
your Excellency's principles, appears to us to be an absurdity. The 
Judges, speaking of a subject, say, " although his birth was out of 
the bounds of the kingdom of England, and out of the reach and 
extent of the laws of England, yet, if it were within the allegiance 
of the King of England, &c. Normandy, Aquitain, Gascoign, and 
other places, within the limits of France, and, consequently, out of 
the realm or bounds of the kingdom of England, were in subjection 



MASSACHUSETTS STATE PAPERS. 389 

to the Kings of England." And the Judges say, '■'Rex et Regnum^ 
be not so relatives, as a King can be King but of one kingdom, 
which clearly holdeth not, but that his kingly power extending to 
divers nations and kingdoms, all owe him equal subjection, and are 
equally born to the benefit of his protection ; and, although he is to 
govern them by their distinct laws, yet any one of the people com- 
ing into the other, is to have the benefit of the laws, wheresoever 
he Cometh." So they are not to be deemed aliens, as your Excel- 
lency in your speech supposes, in any of the dominions, all which 
accords with the principles our ancestors held. " And he is to bear 
the burden of taxes of the place where he cometh, but living in one, 
or for his livelihood in one, he is not be taxed in the other, because 
laws ordain taxes, impositions, and charges, as a discipline of sub- 
jection, particularized to every particular nation." Nothing, we 
think, can be more clear to our purpose than this decision of Judges, 
perhaps as learned, as ever adorned the English nation, or in favor 
of Americv^, in her present controversy with the mother state. 

Your Excellency says, that, by " our not distinguishing between 
the Crown of England, and the Kings and Queens of England, in 
their personal or natural capacities, we have been led into a funda- 
mental error." Upon this very distinction we have availed our- 
selves. We have said, that our ancestors considered the land, which 
they took possession of in America, as out of the bounds of the 
kingdom of England, and out of the reach and extent of the laws of 
England ; and, that the King also, even in the act of granting the 
charter, considered the territory as not within the realm ; that the 
King had an absolute right in himself to dispose of the lands, and 
that this was not disputed by the nation ; nor could the lands, on 
any solid grounds, be claimed by the nation ; and, therefore, our 
ancestors received the lands, by grant, from the King ; and, at the 
same time, compacted with him, and promised him homage and al- 
legiance, not in his public or politic, but natural capacity only. If 
it be difficult for us to show how the King acquired a title to this 
country in his natural capacity, or separate from his relation to his 
subjects, which we confess, yet we conceive, it will be equally 
difficult for your Excellency to show how the body politic and nation 
of England acquired it. Our ancestors supposed it was acquired by 
neither ; and, therefore, they declared, as we have before quoted 
from your history, that saving their actual purchase from the natives, 
of the soil, the dominion, the lordship, and sovereignty, they had in 
the sight of God and man, no right and title to what they possessed. 
How much clearer then, in natural reason and equity, must our title 
be, who hold estates dearly purchased at the expense of our own, 
as well as our ancestors labor, and defended by them with treasure 
and blood. 

Your Excellency has been pleased to confirm, rather than deny 
or confute, a piece of history, which, you say, we took from an ano- 



390 MASSACHUSETTS STATE PAPERS. 

nymous pamphlet, and by which you " fear we have been too easily 
misled." It may be gathered from your own declaration, and other 
authorities, besides the anonymous pamphlet, that the House of 
Commons took exception, not at the King's having made an abso- 
lute grant of the territory, but at the claim of an exclusive right to 
the fishery on the banks and sea coast, by virtue of the patent. At 
this you say, " the House of Commons was alarmed, and a bill 
was brought in for allowing a free fishery." And, upon this occa- 
Jiion, your Excellency allows, that " one of the Secretaries of State 
declared, that the plantations were not annexed to the Crown, and 
so were not within the jurisdiction of Parliament." If we should 
concede to what your Excellency supposes might possibly, or, " per- 
haps," be the case, that the Secretary made this declaration, " as 
his own opinion," the event showed that it was the opinion of the 
King too ; for it is not to be accounted for upon any other princi- 
ple, that he would have denied his royal assent to a bill, formed for 
no other purpose, but to grant his subjects in England, the privilege 
of fishing on the sea coasts in America. The account published by 
Sir Ferdinando Gorges himself, of the proceedings of Parliament on 
this occasion, your Excellency thinks, will remove all doubt, of the 
sense of the nation, and of the patentees of this patent or charter, 
in 1620. " This narrative," you say, " has all the appearance of 
truth and sincerity," which we do not deny ; and, to us, it carries 
this conviction with it, that " what was objected" in Parliament, 
was the exclusive claim of fishing only. His imagining that he had 
satisfied the House, after divers attendances, that the planting a col- 
ony was of much more consequence than a simple disorderly course 
of fishing, is sufficient for our conviction. We know that the na- 
tion was at that time alarmed with apprehensions of monopolies ; 
and, if the patent of New England was presented by the two Houses 
as a grievance, it did not show, as your Excellency supposes, " the 
sense they then had of their authority over this new acquired terri- 
tory," but only their sense of the grievance of a monopoly of the 
sea. 

We are happy to hear your Excellency say, that " our remarks 
upon, and construction of the words, not repugnant to the laws of 
England, are much the same with those of the Council." It serves 
to confirm us in our opinion, in what we take to be the most im- 
portant matter of difference between your Excellency and the two 
Houses. After saying, that the statute of 7th and 8th of William 
and Mary favors the construction of the words, as intending such 
laws of England as are made more immediately to respect us, you 
tell us, that " the province Agent, Mr. Dummer, in his much ap- 
plauded defence, says, that, then a law of the plantations may be 
said to be repugnant to a law made in Great Britain, when it flatly 
contradicts it, so far as the law made there, mentions and relates to 
the plantations." This is plain and obvious to common sense, and, 



MASSACHUSETTS STATE PAPERS. 391 

therefore, cannot be denied. But, if your Excellency would read a 
page or two further in that excellent defence, you will see that he 
mentions this as the sense of the phrase, as taken from an act of 
Parliament, rather than as the sense he would choose himself to put 
upon it ; and, he expressly designs to show, in vindication of the 
charter, that, in that sense of the words, there never was a law mad^ 
in the plantations repugnant to the laws of Great Britain. He gives 
another construction, much more likely to be the true intent of 
the words, namely, " that the patentees shall not presume, under 
color of their particular charters, to make any laws inconsistent 
with the great charter, and other laws of England, by which the 
lives, liberties, and properties of Englishmen are secured." This 
is the sense in which our ancestors understood the words ; and, 
therefore, they are unwilling to conform to the acts of trade, and 
disregarded them till they made provision to give them force in the 
colony, by a law of their own ; saying, that " the laws of England 
did not reach America ; and those acts were an invasion of their 
rights, liberties, and properties," because they were not " repre- 
sented in Parliament." The right of being governed by laws, 
which were made by persons, in whose election they had a voice, 
they looked upon as the foundation of English liberties. By the 
compact with the King, in the charter, they were to be as free in 
America, as they would have been if they had remained within the 
realm ; and, therefore, they freely asserted, that they " were to be 
governed by laws made by themselves, and by officers chosen by 
themselves." Mr. Dummer says, " it seems reasonable enough 
to think that the Crown," and, he might have added, our ancestors, 
" intended by this injunction to provide for all its subjects, that 
they might not be oppressed by arbitrary power ; but being still 
subjects, they should be protected by the same mild laws, and en- 
joy the same happy government, as if they continued within the 
realm." And, considering the words of the charter in this light, he 
looks upon them as designed to be a fence against oppression and 
despotic power. But the construction which your Excellency puts 
upon the words, reduces us to a state of vassalage, and exposes us 
to oppression and despotic power, whenever a Parliament shall see 
fit to make laws for that purpose, and put them in execution. 

We flatter ourselves, that, from the large extracts we have made 
from your Excellency's history of the colony, it appears evidently, 
that under both charters, it hath been the sense of the people and 
of the government, that they were not under the jurisdiction of 
Parliament. We pray you again to turn to those quotations, and 
our observations upon them ; and we wish to have your Excellen- 
cy's judicious remarks. When we adduced that history, to prove 
that the sentiments of private persons of influence, four or five 
years after the restoration, were very diflierent from what your Ex- 
cellency apprehended them to be, when you delivered your speech; 



392 MASSACHUSETTS STATE PAPERS. 

you seem to concede to it, by telling us, " it was, as you take it, 
from the principles imbibed in those times of anarchy, (preceding 
the restoration,) that they disputed the authority of Parliament ;" 
but, you add, " the government would not venture to dispute it." 
We find in the same history, a quotation from a letter of Mr. 
Stoughton, dated seventeen years after the restoration, mentioning 
'•' the country's not taking notice of the acts of navigation, to observe 
them." And it was, as we take it, after that time, that the govern- 
ment declared, in a letter to their Agents, that they had not sub- 
mitted to them ; and they ventured to " dispute" the jurisdiction, 
asserting, that they apprehended the acts to be an invasion of the 
rights, liberties, and properties of the subjects of his Majesty in the 
Colony, they not being represented in Parliament, and that " the 
laws of England did not reach Ameiica." It very little avails in 
proof, that they conceded to the supreme authority of Parliament, 
their telling the Commissioners, " that the act of navigation had for 
some years before, been observed here ; that they knew not of its 
being greatly violated ; and that, such laws as appeared to be against 
it, were repealed." It may as truly be said now, that the revenue 
acts are observed by some of the people of this province ; but it 
cannot be said that the government and people of this province have 
conceded, that the Parliament had authority to make such acts to 
be observed here. Neither does their declaration to the Commis- 
sioners, that such laws as appeared to be against the act of naviga- 
tion, were repealed, prove their concession of the authority of Par- 
liament, by any means, so much as their making provision for giving 
force to an act of Parliament within this province, by a deliberate 
and solemn act or law of their own, proves the contrary. 

You tell us, that " the government, four or five years before the 
charter was vacated, more explicitly," that is, than by a conversation 
with the Commissioners, " acknowledged the authority of Parlia- 
ment, and voted, that their Governor should take the oath required 
of him, faithfully to do and perform all matters and things enjoined 
him by the acts of trade." But does this, may it please your Ex- 
cellency, show their explicit acknowledgment of the authority of 
Parliament ? Does it not rather show directly the contrary ? For, 
what could there be for their vote, or authority, to require him to 
take the oath already required of him, by the act of Parliament, un- 
less both he, and they, judged that an act of Parliament was not of 
force sufficient to bind him to take such oath ? We do not deny, 
but, on the contrary, are fully persuaded, that your Excellency's 
principles in governments are still of the same with what they ap- 
pear to be in the history ; for, you there say, that " the passing this 
law, plainly shows the wrong sense they had of the relation they 
stood in to England." But we are from hence convinced, that your 
Excellency, when you wrote the history, was of our mind in this 
respect, that our ancestors, in passing the law^ discovered their opin- 



MASSACHUSETTS STATE PAPEllS. 393 

ion, that they were without the jurisdiction of Parliament ; for it 
was upon this principle alone, they shewed the wrong sense they 
had in your Excellency's opinion, of the relation they stood in to 
England. 

Your Excellency, in your second speech, condescends to point 
out to us the acts and doings of the General Assembly, which re- 
lates to acts of Parliament, which, you think, " demonstrates that 
they have been acknowledged by the Assembly, or submitted to by 
the people ;" neither of which, in our opinion, shows that it was 
the sense of the nation, and our predecessors, when they first took 
possession of this plantation, or colony, by a grant and charter from 
the Crown, that they were to remain subject to the supreme au- 
thority of the English Parliament. 

Your Excellency seems chiefly to rely upon our ancestors, after 
the revolution, "■proclaiming King William and Queen Mary, in the 
room of King James," and taking the oaths to them, " the altera- 
tion of the form of oaths, from time to time," and finally, " the 
establishment of the form, which every one of us has complied 
with, as the charter, in express terms requires, and makes our du- 
ty." We do not know that it has ever been a point in dispute, 
whether the Kings of England were ipso facto Kings in, and over, 
this colony, or province. The compact was made between King 
Charles the I. his heirs and successors, and the Governor and com- 
pany, their heirs and successors. It is easy, upon this principle, 
to account for the acknowledgment of, and submission to King 
William and Queen Mary, as successors of Charles the I. in the 
room of King James ; besides, it is to be considered, that the peo- 
ple in the colony, as well as in England, had suffered under the 
tyrant James, by which, he had alike forfeited his right to reign 
over both. There had been a revolution here, as well as in Eng- 
land. The eyes of the people here, were upon William and Mary; 
and the news of their being proclaimed in England, was, as your 
Excellency's history tells us, " the most joyful news ever received 
in New England." And, if they were not proclaimed here, " by 
virtue of an act of the colony," it was, as we think may be con- 
cluded from the tenor of your history, with the general or univer- 
sal consent of the people, as apparently, as if" such act had pass- 
ed." It is consent alone, that makes any human laws binding; 
and as a learned author observes, a purely voluntary submission 
to an act, because it is highly in our favor and for our benefit, is 
in all equity and justice, to be deemed as not at all proceeding 
froni the right we include in the Legislators, that they, thereby ob- 
tain an authority over us, and that ever hereafter, we must obey 
them of duty. We would observe, that one of the first acts of the 
General Assembly of this province, since the present charter, was 
an act, requiring the taking the oaths mentioned in an act of Par- 
liament, to which you refer us.- For what purpose was this act of 
the Assembly passed, if it was tiie sense of the Legislators that 
50 



394l MASSACHUSETTS STATE PAPERS'. 

the act of Parliament was in force in the province ? And, at the 
same time, another act was made for the establishment of other 
oaths necessary to be taken ; both which acts have the royal sanc- 
tion, and are now in force. Your Excellency says, that when the 
colony applied to King William for a second charter, they knew 
the oath the King had taken, which was to govern them according 
to the statutes in Parliament, and (which your Excellency here 
omits,) the laws and customs of the same. By the laws and cus- 
toms of Parliament, the people of England freely debate and con- 
sent to such statutes as are made by themselves, or their chosen 
Representatives. This is a law, or custom, which all mankind may 
justly challenge as their inherent right. According to this law, 
the King has an undoubted right to govern us. Your Excellency, 
upon recollection, surely will not infer from hence, that it was the 
sense of our predecessors that there was to remain a supremacy in 
the English Parliament, or a full power and authority to make 
laws binding upon us, in all cases whatever, in that Parliament 
where we cannot debate and deliberate upon the necessity or ex- 
pediency of any law, and, consequently, without our consent ; and, 
as it may probably happen, destructive of the first law of society, 
the good of the whole. You tell us, that " after the assumption 
of all the powers of government, by virtue of the new charter, an 
act passed for the reviving, for a limited time, all the local laws 
of the Massachusetts Bay and New Plymouth respectively, not 
repugnant to the laws of England. And, at the same session, an 
act passed establishing naval officers, that all undue trading, con- 
trary to an act of Parliament, may be prevented." Among the 
acts that were then revived, we may reasonably suppose, was that, 
whereby provision was made to give force to this act of Parliament, 
in the province. The establishment, therefore, of the naval officers, 
was to aid the execution of an act of Parliament, for the observ- 
ance of which, within the colony, the Assembly had before made 
provision, after free debates, with their own consent, and by their 
own act. 

The act of Parliament, passed in 1741, for putting an end to 
several unwarrantable schemes, mentioned by your Excellency, 
was designed for the general good ; and, if the validity of it was 
not disputed, it cannot be urged as a concession of the supreme 
authority, to make laws binding on us in all cases whatever. But, 
if the design of it was for the general benefit of the province, it 
was, in one respect, at least greatly complained of, by the persons 
more immediately aftected by it ; and to remedy the inconvenience, 
the Legislative of this province, passed an act, directly militating 
with it ; which is the strongest evidence, that although they may 
have submitted, sub silentio, to some acts of Parliament, that they 
conceived might operate for their benefit, they did not conceive 
themselves bound by any of its acts, which, they judged, would 
operate to the injury even of individuals. 



MASSACHUSETTS STATE PAPERS. 395 

Your Excellency has not thougUt proper, to attempt to confute 
the reasoning of a learned writer on the laws of nature and na- 
tions, quoted by us, on this occasion, to sliew that the authority of 
the Legislature does not extend so far as the fundamentals of the 
constitution. We are unhappy in not having your remarks upon 
the reasoning of that great man : and, until it is confuted, we shall 
remain of the opinion, that the fundamentals of the constitution 
being excepted from the commission of the Legislators, none ot 
the acts or doings of the General Assembly, however deliberate 
&nd solemn, could avail to change tliem, if the people have not, in 
very express terms, given them the power to do it ; and, that much 
less ouglit their acts and doings, however numerous, which barely 
refer to acts of Parliament made expressly to relate to us, to be 
taken as an acknowledgment, that we are subject to the supreme 
authority of Parliament. 

We shall sum up our ovvn sentiments in the words of that learn- 
ed writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by 
Mr. Locke. " The lawful power of making laws to command whole 
political societies of men, belonging so properly to the same en- 
tire societies, that for any prince or potentate of what kind soever, 
to exercise the same of himself, and not from express commission, 
immediately and personally received from God, is no better than 
mere tyranny. Laws, therefore, they are not, which public ap- 
probation hath not made so ; for laws human, of what kind soever, 
are available by consent." " Since men, naturall3% have no full 
and perfect power to command whole politic multitudes of men, 
therefore, utterly without our consent, we could in such sort, be 
at no man's commandment living. And to be commanded, we do 
not consent, when that society, whereof we be a party, hath at any 
time before consented." We think your Excellency has not prov- 
ed, either that the colony is a part of the politic society of Eng- 
land, or that it has ever consented tliat the Parliament of f^ngland 
or Great Britain, should make laws binding upon us, in all cases, 
whether made expressly to refer to us or not. 

We cannot help, before we conclude, expressing our gi'eat 
concern, that your Excellency has thus repeatedly, in a man- 
ner, insisted upon our free sentiments on matters of so deli- 
cate a nature and weighty importance. The question appears to 
us, to be no other, than, whether we are the subjects of absolute un- 
limited power, or of a free government, formed on the principles 
of the English constitution. If your Excellency's doctrine be true, 
the people of this province hold their lands of the Crown and peo- 
ple of England ; and their lives, liberties, and properties, are at 
their disposal, and that, even by compact and their own consent. 
They were subject to the King as the head alterius jJopuli of ano- 
ther people, in whose Legislative they have no voice or interest. 
They are, indeed, said to have a constitution and a Legislative ol 
their own 5 but your Excellency has explained it into a mere phan 



396 MASSACHUSETTS STATE PAPERS. 

torn ; limited, controled, superseded, and nullified, at the will of 
ajiother. Is this the constitution wliich so charmed our ancestors, 
that, as your Excellency has informed us, they kept a day of so- 
lemn thanksgivinis; to Almighty God when tliey received it? And 
were they men of so little discernment, such children in under- 
standing, as to please themselves with the imagination, that they 
were blessed with the same rights and liberties which natural born 
subjects in England enjoyed, when, at the same time, they had 
fully consented to be ruled and ordered by a Legislative, a thou- 
sand leagues distant frotn them, which cannot be supposed to be 
sufficiently acquainted with their circumstances, if concerned for 
their interest, and in which, they cannot be in any sense repre- 
sented ? 

[The committee who reported the above, were, Mr. Gushing, 
(the Speaker,) Mr. S. Adams, Mr. Hancock, Mr. Phillips, Maj. 
Foster, Col. ISowers, Mr. Hobson, Col. Thayer, and Mr. Denny.] 



RESOLUTIONS 

OF THE HOUSE OF REPRESENTATIVES, RESPECTING THE SALARIES OF THE 
JUSTICES OF THE SUPERIOR COURT, MARCH 3, 1773. 

Whereas, by an act of the British Parliament, made and 
passed in the sixth year of his present Majesty's reign, it is de- 
clared, that the King, Lords, and Commons, in Parliament assem- 
bled, have ever had, and of right ought to have, full power and 
authority to make laws and statutes, of sufficient force and valid- 
ity, to bind the colonies and people of America, subjects of the 
CVown of Great Britain, in all cases whatever; and, afterwards, 
the same Parliament made and passed an act for levying duties in 
America, with the express purpose of raising a revenue, and to en- 
able his Majesty to appropriate the same for the necessary charges 
of the administration of justice, and the support of civil government 
in such colonies, where it shall be judged necessary, and towards 
further defraying the expenses of defending, protecting, and secur- 
ing said dominions : And, his Majesty has been pleased, by virtue 
of the last mentioned act, to appropriate a part of the revenue, 
thus raised, against the consent of the people, in providing for the 
support of the Governor of the province ; and from his Excellen- 
cy's message, of the 4th of February, we cannot but conclude, that 
provision is made also for the support of the Judges of the Superior 
Court of Judicature, independent of the grants and acts of the 
General Assembly, contrary to invai-iable usage of this province ; 
therefore, 



MASSACHUSETTS STATE PAPERS. 397 

Resolved, That the admitting of any authority to make laws, 
binding on the people of this province, in all cases whatever, sav- 
ing the General Court or Assembly, is inconsistent with the spirit 
of our free constitution, and is repugnant to one of the most essen- 
tial clauses in our charter, whereby the inhabitants are entitled to 
all the liberties of free and natural born subjects, to all intents, 
constructions, and purposes whatever, as if they had been born 
within the realm of England. It reduces the people to the abso- 
lute will and disposal of a Legislature, in which they can have no 
voice, and who may make it their interest to oppress and enslave 
them. 

Resolved, That by the royal charter aforesaid, "the General 
Court or Assembly, hath full power and authority to impose and 
levy proportionable and reasonable assessments, rates and taxes, 
upon the estates and persons, of all and every the proprietors and 
inhabitants of the province, to be issued and disposed of, by war- 
rant, under the hand of the Governor, with the advice and consent 
of the Council, for his Majesty's service, in the necessary defence 
aiid support of the government of the province, and the protection 
and preservation of" the inhabitants there, according to such acts 
as are, or shall be, in force, within the province." And the mak- 
ing provision for the support of the Governor and Judges, other- 
Avise than by the grants and acts of the General Court, or Assem- 
bly, is a violent breach of the most important clause in the charter : 
the support of government, in which their support is included, be- 
ing one of the principal purposes, for which the clause was in- 
serted. 

And, whereas, the independence, as well as the uprightness of 
the Judges of the land, is essential to the impartial administration 
of justice, and one of the best securities of the rights, liberty, and 
property of the people ; therefore. 

Resolved, That the making the Judges of the land independent 
of the grants of the people, and altogether dependent on the 
Crown, as they will be, if, while they thus hold their commissions 
during pleasure, they accept of salaries from the Crown, is un- 
constitutional, and destructive of that security, which every good 
member of civil society, has a just right to be assured of, under the 
due execution of the laws ; and is directly the reverse of the con- 
stitution, and appointment of the Judges in Great Britain. 

Resolved, That the dependence of the Judges of the land on the 
Crown, for their support, tends, at all times, especially, while they 
hold their commissions during pleasure, to the subversion of jus- 
tice and equity, and to introduce oppression and despotic power. 

Resolved, As the opinion of this House, that while the Justices 
of the Superior Court hold their commissions during pleasure, anj"" 
one of them who shall accept of, and depend upon the pleasure of 
the Crown for his support, independent of the grants and acts of 
the General Assembly, will discover to the world, that he has not 



398 MASSACHUSETTS STATE PAPERS. 

a due sense of the importance of an impartial administration ot 
justice, that he is an enemy to the constitution, and has it in his 
heart to nromote the establishment of an arbitrary government in 
the province. 



LETTER 

FROM THE TVTO HOUSES TO LORD DARTMOUTH, JUNE 29, 17Z3. 

Province of Massachusetts Bay, June 29, IZrs. 

MY LORD, 

The veestablishment of the union and harmony, which ^for- 
merly subsisted between Great Britain and her colonies, is earn- 
estly to be wished by the friends of both. As your Lordship is one 
of them, the two Houses of the Assembly of this province, beg 
leave to address you. The original causes of the interruption of 
that union and harmony, may probably be found in the letters sent 
from hence to administration, and to other gentlemen of influence 
in Parliament, since the appointment of Sir Francis Bernard to 
the government of this province. And there is great reason to ap- 
prehend, that he and his coadjutors, originally recommended and 
laid the plans for establishing the American revenue, out of which, 
they expected large stipends and appointments for themselves, 
and which, through their instrumentality, has been the occasion of 
all the evils which have since taken place. When we had hum- 
bly addressed his Majesty, and petitioned both Houses of Parlia- 
ment, representing our grievance, and praying for the repeal of 
the revenue acts, the like instruments, and probably the same, ex- 
erted themselves to prevent those petitions being laid before his 
Majesty and the Parliament, or to frustrate the prayer of them. 
Of this, we have just had some new and unexpected evidence, 
from original letters of Governor Hutchinson and Lieutenant Gov- 
ernor Oliver ; in which the former, particularly and expressly, by 
his letter of the 10th of December, 1768, endeavored, in coopera- 
tion with Governor Bernard, to frustrate a petition of a number of 
the Council, for a repealing of those acts, and to procure his Ma- 
jesty's censure on the petitions : and the letters of the latter, by 
the disadvantageous idea conveyed by them, ot the two Houses of 
Assembly, manifestly tended to create a prejudice against any pe- 
titions coming from a body of such a character. And his letter of 
the llth of May, 1768, in particular, mentions the petitions of the 
House of Representatives to his Majesty, and their letters to di- 
vers noble Lords, with such circumstances as had a tendency to 
defeat the petition and render the letters of no effect. 



MASSACHUSETTS STATE PAPERS. 399 

It is now manifest, my Lord, what practices and arts have been 
used, to mislead administration, both in the first proposal of Amer- 
ican revenue acts, and in the continuance of them. But when 
they had lost their force, and there appeared, under the influence 
of your Lordship, a disposition in Parliament to repeal these acts, 
his Excellency Governor Hutchinson, in his speech, at the opening 
of the last session of the General Court, was pleased to throw out 
new matter for contention and debate ; and to call on the two 
Houses, in such a manner, as amounted to little short of a challenge 
to answer him. Into such a dilemma were they brought by the 
speech, that they were under a necessity of giving such answers to 
it as they did, or of having their conduct construed into an acqui- 
escence with the doctrines contained in it, which would have been 
an implicit acknowledgment, that the province was in a state of 
subjection, differing very little from slavery. The answers were 
the effect of necessity ; and this necessity occasioned great grief 
to the two Houses. 

The people of this province, my Lord, are true and faithful sub- 
jects of his Majesty, and think themselves happy in their connex- 
ion with Great Britain. They would rejoice at the restoration of 
the harmony and good will that once subsisted between the parent 
state and them. But it is in vain to expect this happiness, during 
the continuance of their grievances, and while their charter rights, 
one after another, are wrested from them. Among these rights, is 
the supporting of the officers of the Crown, by grants from the 
Assembly ; and in an especial manner, the supporting of the 
Judges in the same way, on whose judgment the province is de- 
pendent, in the most important cases of life, liberty and property. 
If warrants have not yet been, or if they already have been issued, 
we earnestly beg the favor of your Lordship's interposition to sup- 
press, or recal them. 

If your Lordship should condescend to ask, what are the mea- 
sures of restoring the harmony so much desired, we should an- 
swer, in a word, that we are humbly of opinion, if things were 
brought to the general state, in which they stood at the conclusion 
of the late war, it vvould restore the happy harmony, which, at that 
time subsisted. Your Lordship's appointment to be principal 
Secretary of State, for the American department, has given the 
colonies the highest satisfaction. They think it a happy omen ; 
and that it will be productive of American tranquillity, consistent 
with their rights, as British subjects. The two Houses humbly 
hope for your Lordship's influence to bring about such a happy 
event ; and, in the mean time, they can, with full confidence, rely 
on your Lordship, that the machinations of Sir Francis Bernard, 
and other known enemies of the peace of Great Britain and iier 
colonies, will not be sufl^ered to prevent or delay it. 

This letter, which has been agreed upon by both Houses, is, in 
their name, and by their order, signed and transmitted to your 



400 MASSACHUSETTS STATE PAPERS. 

Lordship, by, my Lord, your Lordship's most obedient and very 
humble servant, THOMAS FLUCKER, {secretary. 



[The Governor's speech, at the opening of the session, on the 
last Wednesday of May, 1773, i-elated entirely to the settling of 
the boundary line, between Massachusetts and New York. The 
Counsellors chosen, were all approved, except Jerathmeel Bowers, 
William Phillips, and John Adams.] 



RESOLUTIONS. 

On motion of Mr. S. Adams, the following Resolutions were 
adopted, llO to 4, May 28, 1773. 

Whereas the Speaker hath communicated to this House, a 
letter from the truly respectable House of Burgesses, in his Majes- 
ty's ancient colony of Virginia, enclosing a copy of the resolves 
entered into by them, on the 12th of March last, and requesting 
that a committee of this House may be appointed, to communi- 
cate, from time to time, with a corresponding committee, then ap- 
pointed by the said House of Burgesses, in Virginia: 

And, whereas this House is fully sensible of the necessity and 
importance of -a union of the several colonies in America, at a time 
when it clearly appears, that the rights and liberties of all are sys- 
tematically invaded ; in order that the joint wisdom of the whole, 
may be employed in consulting their common safety : 

Resolved, That this House have a very grateful sense of the ob- 
ligations they are under to the House of Burgesses, in Virginia, for 
the vigilance, firmness and wisdom, which they have discovered, 
at all times, in support of the rights and liberties ot the American 
colonies ; and do heartily concur with them in their said judicious 
and spirited resolves. 

Resolved, That a standing committee of correspondence and 
inquiry, be appointed, to consist of fifteen Members, any eight of 
whom, to be a quorum; whose business it shall be, to obtain the 
most early and authentic intelligence, of all such acts and resolu- 
ti<ms of the British Parliament, or proceedings of administrations 
as may relate to, or aftect the British colonies in America ; and to 
keep up, and mamtain, a correspondence and communication with 
our sister colonies, respecting these important considerations : and 
the result of such their proceedings, from time to time, to lay be- 
fore the House. 



MASSACHUSETTS STATE PAPERS. 401 

Resolved, That it be an instruction to the said committee, that 
they do, without delay, inform themselves particularly of the prin- 
ciples and authority, on which was constituted a court of inquiry, 
held in Rhode Island ; said to be vested with powers to transport 
persons accused of offences, committed in America, to places be- 
yond the seas, to be tried.* 

Resolved, That the said committee be further instructed to pre- 
pare and report to this House, a draft of a very respectful answer 
to the letter, received from the Speaker of the honorable House of 
Burgesses, of Virginia; and another, to a letter received from the 
Speaker of the honorable House of Representatives, of the colony 
of Rhode Island ; also, a circular letter to the Speakers of the sev- 
eral other Houses of Assembly, on this continent; enclosing the 
aforesaid resolves, and requesting them to lay the same before 
their respective Assemblies, in confidence, that they will' readily 
and cheerfully comply with the wise and salutary resolves of the 
House of Burgesses, in Virginia. 

[The committee of correspondence, chosen in pursuance of the 
resolves aforesaid, were, Mr. Gushing, (the Speaker,) Mr, S. Ad- 
ams, Hon. John Hancock, Mr. William Phillips, Capt. V^^illiam 
Heath, Hon. Joseph Hawley, James Warren, Esq. R. Derby, Jun. 
Esq. Mr. Elbridge Gerry, J. Bowers, Esq. Jedediah Foster, Esq. 
Daniel Leonard, Esq. Capt. T. Gardner^, Capt. Jonathan Green- 
leaf, and J. Prescott, Esq.] 



LETTER 

J^ROM THE HOUSE OF REPRESENTATIVES, ADDRESSED TO THE SPEAKERS 
OF THE SEVERAL HOUSES OF ASSEMBLY, ON THE CONTINENT. 

Boston, June 3, 1773. 

SIR, 

The House of Representatives, of this province, being earn- 
estly attentive to the controversy between Great Britain and the 
colonics, and considering that the authority claimed and exer- 
cised by Parliament, on the one side, and by the Genei-al Assem- 
blies of this continent, on the other, greatly militates, and is pro- 
ductive of this unhappy contention, think it of the utmost import- 
ance to the welfare of 'both, and particularly of the colonies, that 
the constitutional powers and rights of each, be inquired into, de- 
lineated and fully ascertained. 

• In conseqnence of burning the Gaspee, a British armed vessel, which had greatly har- 
rassed the naTigation of Rhode Island, a court of inquiry was appointed, under the great 
seal ol England, to be holden at Newport. They met once and again, but finally dissolv- 
ed, without doing any thing important. It was supposed, that many persQBs, suspected of 
Burning the Gaspee, would have been sent to England for tiial, 

51 



402 MASSAGHUSETTS STATE PAPERS. 

That his Majesty's subjects of America, are entitled to the same 
rights and liberties as those of Great Britain, and that these ought, 
in justice, by the constitution, to be as well guaranteed and secur- 
ed, to the one, as to the other, are too apparent to be denied. 

It is, by this House, humbly conceived, to be likewise undenia- 
ble, that the authority assumed, and now forcibly exercised by Par- 
liament, over the colonies, is utterly subversive of freedom in the 
latter ; and that, while his Majesty's loyal subjects in America, 
have the mortification, daily, to see new abridgements of their rights 
and liberties, they have not the least security for those, which at 
present remain. Were the colonists only affected by a Legisla- 
tive, subject to their control, they would, even then, haVe no other 
security than belongs to them by the laws of nature, and the Eng- 
lish constitution ; but, should the authority, now claimed by Par- 
liament, be fully supported by power, or submitted to by the colo- 
nies, it appears to this House, that there will be an end to liberty 
in America ; and that the colonists will then change the name of 
freemen, for that of slaves. 

Ih order to adjust and settle these important concerns, the free 
and magnanimous Burgesses of Virginia, have proposed a method 
for uniting the councils of its sister colonies ; and it appearing to 
this House, to be a measure very wise and salutary, is cheerfully 
received and heartily adopted. 

With great respect for your honorable Assembly, and in confi- 
dence, that a matter which so nearly affects the safety of each col- 
onv, will be assisted by its wise councils, permit this House to en- 
close a copy of resolutions, lately entered into here ; and to request 
you to communicate the same at a convenient opportunity. 

THOMAS GUSHING, Speaker. 



|].Tune 2, 1773, the galleries having been cleared, by a vote of the 
House, Mr. S. Adams observed, " that he perceived the minds of 
t' e people were much agitated by a report, that letters, of an ex- 
traordinary nature, had been written and sent to England, greatly 
to tlie prejudice of this province : that he had obtained certain let- 
ters, with different signatures, with the consent of the gentleman, 
from whom he received them, that they should be read in the 
House, under certain restrictions, namely, that the said letters be 
neither printed nor copied, in whole, or in part," — and he accord- 
ingly oflfered them for the consideration of the House. A vote thea 
passed, that the letters be read ; and they were read accordingly: 
being signed, Thomas Hutchinson, Andrew Oliver, Charles Pax- 
ton, Robert Auchmuty, &c. The whole House was then resolved 
into a committee, to take said letters into consideration, and the 
House adjourned to the afternoon. Mr. Hancock, from the com- 



MASSACHUSETTS STATE PAPERS. 40S 

inittee of the whole House, reported, that the committee were of 
opinion, the tendency and design of the said letters, was to over- 
throw the constitution of this government, and to introduce arbi- 
trary power into the province ; and the report was accepted, 101 to 
5. A committee of nine, was thereupon chosen, to consider what 
was proper to be done, in reference to the letters aforesaid ; and 
the Speaker, (Mr. Gushing.) Mr. Adams, Mr. Hancock. Mr. Gor- 
ham, Mr. Pickering. Maj. Hawley, Col. Warren, Mr. Payne and 
Maj. Foster, were chosen.] 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 
JUNE 3, 1773. 

Gentlemen of the House of Representatives^ 

I AM informed, that certain private letters, said to have been 
wrote by me, to a gentleman in England, lately deceased, were 
yesterday laid before your House ; and, that you have come into 
a resolution, or vote, that they tend to subvert the constitution. 

I have never wrote any public or private letter, with such inten- 
tion, and am not conscious of any letter, which can have such an 
effect. Before you take any further proceedings, I must desire, 
that a transcript of the proceedings of yesterday, be laid before 
me, and that I may be informed to what letters they refer, in or- 
der to my considering what steps are proper for me to take upon 
the occasion. T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 
JUNE 5, 1773. 

May it please your Excellency^ 

In answer to your message, of the third of June, the House of 
Representatives have resolved, that the dates of certain letters, 
now before them, referred to in the message, together with a tran- 
script of the proceedings of the House thereon, as requested by 
your Excellency, be laid before you. 

And, as your Excellency has been pleased, in your message to 



404: MASSACHUSETTS STATE PAPERS. 

say, that you have never wrote any public or private letter, with an 
intention to subvert the constitution, it is the desire of this House, 
that your Excellency would be pleased to order, that copies belaid 
before us, of such letters as your Excellency has written, of those 
dates, relating to the public aftairs of this province ; together with 
such other letters, as your Excellency shall think proper. 

[The committee, who prepared this message, were, Mr. Hancockj 
Mr. Adams, Mr. Gerry, Mr. Pickering and Maj. Hawley.] 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES^ 
JUNE 9, 1773. 

Gentlemen of the House of Representatives, 

By your committee, you have laid before me the dates of six 
original letters, with my signature to them, which have been 
brought into your House, and read, together with other letters 
from several other persons. You have also laid before me, an ex- 
tract from the journal of your proceedings, by which it appears, 
you are of opinion, that the tendency and design of the letters, 
thus read, was to overthrow the constitution of this government, 
and to introduce arbitrary power into the province. 

I find, by the dates of the letters with my signature, that, if gen- 
uine, they must be private letters, wrote to a gentleman in Lon- 
don, since deceased ; that all, except the last, were wrote many 
months before I came to the chair ; that they were wrote, not only 
with that confidence, which is always implied in a friendly corres- 
pondence, by private letters, but that they are expressly confiden- 
tial ; notwithstanding which, they contain nothing more respect- 
ing the constitution of the colonies in general, than what is con- 
tained in my speeches to the Assembly, and what I have published 
in a more extensive manner to the world ; and there is not one 
passage in them, which was ever intended to respect, or which, as 
I am well assured, the gentleman to whom they were wrote, ever 
understood to respect, the particular constitution of this govern- 
ment, as derived from the chaiter. 

I am at a loss for what purpose you desire the copies of my let- 
ters, the originals of which, you have in your hands. If it is with 
a view to make them public, the originals are more proper for that 
purpose than the copies. I think it would be very improper, and 
out of character in me, to lay my private letters before you, at 
your request ; my public ones, I am restrained from laying before 
you, without express leave from his Majesty. Thus much, how- 



MASSACHUSETTS STATE PAPERS. 405 

ever, 1 may assure you, that it has not been the tendency an<l de- 
sign of them to subvert the constitution of this government, but 
rather to preserve it entire ; and I have reason to think, they have 
not been altogether ineftectual to that purpose. 

T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE COUNCIL, JUNE 15, 17r3. 

May it please the Honorable Board, 

There are certain letters, w^hich have been laid before the 
House, signed Thomas Hutchinson, Andrew Oliver, Charles Pax- 
ton, and Robert Auchmuty, containing matters that nearly affect 
the interest of this province, and some, particularly refer to the 
conduct of the honorable Board ; therefore, the House have or- 
dered copies of the said letters, to be laid before the honorable 
Board, that they may take such order thereon, as they shall judge 
proper. The originals are, at present, in the hands of a committee 
of the House ; but if the Board are desirous of it, they may have 
them to compare with the copies. 



RESOLVES 

OF THE HOUSE OF REPRESENTATIVES, RESPECTING THE LETTERS OF THE 
GOVERNOR, LIEUTENANT GOVERNOR, AND OTHERS, JUNE 16, 1773. 

Resolved, That the letters, signed Thomas Hutchinson, and 
those signed Andrew Oliver, now under the consideration of this 
House, appear to be the genuine letters of the present Governor 
and Lieutenant Governor of this province, whose hand writing and 
signatures are well known to many of the Members of this House ; 
and, that they contain aggravated accounts of facts, and misre- 
presentations; and, that one manifest design of them, was, to re- 
present the matters they treat of, in a light, highly injurious to this 
province, and the persons against whom they were wrote. 

Resolved, That, though the letters aforesaid, signed Thomas 
Hutchinson, are said, by the Governor, in his message to this 
House, of June 9th, to be " private letters, wrote to a gentleman 
in London, since deceased ;" and " that all, except the last, were 
wrote many months before he came to the chair ; yet, they were 



406 MASSACHUSETTS STATE PAPERS. 

■wrote by the present Governor, when he was Lieutenant Gover- 
nor and Chief Justice of tliis province, who has been represented 
abroad, as eminent for his abilities, as for his exalted station ; and 
was under no official oblii^ation to transmit intelligence of such 
matters as are contained in said letters ; and, that they, therefore, 
jnust be considered, by the person to whom they were sent, as 
documents of solid intelligence ; and, tiiat this gentleman in Lon- 
don, to whom they were wrote, was then a Member of the British 
Parliament, and one who was very active in American affairs ; 
and therefore, that these letters, however secretly wrote, mUsi 
naturally be supposed to have, and really had, a public operation. 

Resolved, That these " private letters," being wrote '' with ex- 
press confidence of secrecy," was only to prevent the contents of 
them being known here, as appears by said letters ; and this ren- 
dered them the more injurious in their tendency, and really in- 
sidious. 

Resolved, That the letters, signed Thomas Hutchinson, consid- 
ering the person by whom they were wrote, the matters they ex- 
pressly contain, the express reference in some of them, for '' full 
intelligence," to Mr. Hallowell, a person deeply interested in the 
measures so much complained of, and recommendatory notices of 
divers other persons, whose emoluments arising from our public 
burdens, might excite them to unfavorable representations of us, 
the measures they suggest, the temper in which they were wrote, 
the manner in which they were sent, and the person to whom they 
were addressed ; had a natural and efficacious tendency to inter- 
rupt and alienate the affections of our most gracious Sovereign, 
King George the III. from this, his loyal and affectionate province: 
to destroy that harmony and good will between Great Britain and 
this colony, which every friend to either, would wish to establish ; 
to excite the resentment of the British administration against this 
province ; to defeat the endeavors of our agents and friends to 
serve us, by a fair representation of our state of grievances ; to 
prevent our hunible and repeated petitions from reaching the royal 
ear of our common Sovereign ; and to produce the severe and de- 
structive measures which have been taken against this province, 
and others still more so, which have been threatened. 

Resolved, That the letters, signed Andrew Oliver, considering 
the person by whom they were wrote, the matters they expressly 
contain, the measures they suggest, the temper in which they were 
wrote, the manner in which they were sent, and the person to 
whom they were addressed, had a natural and efficacious tendency 
to interrupt and alienate the aff*ections of our most gracious Sove- 
reign, King George the IIL from this, his loyal and affectionate 
province ; to destroy that harmony and good will between Gi eat 
Britain and this colony, which every friend to either, would wish 
to establish ; to excite the resentment of the British administra- 
tion against this province ; to defeat the endeavors of our agents 



MASSACHUSETTS STATE PAPERS. 40? 

and friends to serve us, bj a fair representation of our state of 
grievances; to prevent our humble and repeated petitions from 
having the desired effect ; and to produce the severe and destruc- 
tive measures which have been taken against this province, and 
others still more so, which have been threatened. 

Resolved, As the opinion of this House, that it clearly appears 
from the letters aforesaid, signed Thomas Hutchinson, and An- 
drew Oliver, that it was the desire and endeavor of the writers of 
them, that certain acts of the British Parliament, for raising a rev- 
enue in America, might be carried into effect by military force ; 
and by introducing a fleet and army into his Majesty's loyal pro- 
vince, to intimidate the minds of his subjt^cts here, and prevent 
every constitutional measure to obtain the repeal of those acts, so 
justly esteemed a grievance to us, and to suppress the very spirit 
of freedom. 

Resolved, That it is the opinion of this House, that, as the sal- 
aries lately appointed for the Governor, Lieutenant Governor, and 
Judges of this province, directly repugnant to the charter, and sub- 
versive of justice, are founded on this revenue ; and, as those let- 
ters were wrote with a design, and had a tendency to promote and 
support that revenue, therefore, there is great reason to suppose 
the writers of those letters, were well knowing to, suggested, and 
promoted the enacting said revenue acts, and the establishments 
founded on the same. 

Resolved, That while the writer of these letters, signed Thomas 
Hutchinson, has been thus exerting himself, by his " secret confi- 
dential correspondence," to introduce measures, destructive of our 
constitutional liberty, he has been practising every method among 
the people of this province, to fix in their minds an exalted opinion 
of his warmest affection for them, and his unremitted endeavors 
to promote their best interest at the Court of Great Britain. 

Resolved, As the opinion of this House, that by comparing these 
letters, signed Thomas Hutchinson, with those, signed Andrew 
Oliver, Charles Paxton, and Nfithan Rogers, and, considering what 
has since, in fact taken place, conformable thereto, that it is man- 
ifest, there has been, for many years past, measures contemplat- 
ed, and a plan formed, by a set of men, born and educated among 
us, to raise their own fortunes, and advance themselves to posts of 
honor and profit, not only to the destruction of the charter and 
constitutioti of this province, but at the expense of the rights and 
liberties of the American colonies. And, it is further the opinion 
of this House, that the said persons have been some of the chief 
instruments in the introduction of a military force into the pro- 
vince, to carry their plans into execution ; and, therefore, they 
have been, not only greatly instrumental of disturbing the peace 
and harmony of the government, and causing, and promoting great 
discord and animosities, but are justly chargeable with the great 
corruption of morals, and all that confusion, misery and blood 



408 MASSACHUSETTS STATE PAPERS. 

shed, which have been the natural etFects of the introduction of 
troops. 

Whereas, for many years past, measures have been taken by the 
British administration, very grievous to the good people of this 
province, which this House have now reason to suppose, were pro- 
moted, if not originally suggested, by the writers of these letters; 
and many eftbrts have been made, by the people, to obtain the re- 
dress of their grievances : 

Resolved, That it appears to this House, that the writers of these 
letters, have availed themselves of disorders, that naturally arise in 
a free government, under such oppressions, as arguments to prove, 
that it was, originally, necessary such measures should have been 
taken, and that they should now be continued and increased. 

Whereas, in the letter, signed Charles Paxton, dated Boston 
Harbor, June 20, 1768, it is expressly declared, that, " unless we 
have immediately two or three regiments, it is the opinion of all 
the friends of government, that Boston will be in open rebellion:" 

Resolved, That this is a most wicked and injurious representa- 
tion, designed to inflame the minds of his Majesty's Ministers and 
the nation, and to excite in the breast of our Sovereign, a jealousy 
of his loyal subjects of said town, without the least grounas there- 
for, as enemies of his Majesty's person and government. 

Whereas certain letters, signed by two private persons, viz. : 
Thomas Moffat, and George Rome, have been laid before the 
House, which letters contain many matters, highly injurious to 
government and to the national peace : 

Resolved, That it has been the misfortune of this government, 
from the earliest period of it, from time to time, to be secretly 
traduced, and maliciously represented to the British Ministry, by 
persons, who were neither friendly to this colony, nor to the English 
constitution : 

Resolved, That the House have just reason to complain of it, as 
a very great grievance, that the humble petitions and remonstrances 
of the Commons of this province, are not allowed to reach the 
hand of our most gracious Sovereign, merely because they are pre- 
sented by an agent, to whose appointment, the Governor, with 
whom our chief dispute may subsist, doth not consent; while the 
partial and inflammatory letters of individuals, who are greatly in- 
terested in the revenue acts, and the measures taken to carry them 
into execution, have been laid before administration, attended to, 
and determined upon, not only to the injury of the reputation of 
the people, but to the depriving them of their invaluable rights and 
liberties. 

Whereas, this House are humbly of opinion, that his Majesty 
will judge it to be incompatible with the interest of his Crown, and 
the peace and safety of the good people of this, his loyal province, 
that persons should be continued in places of high trust and autho- 
rity in it, who are known to have, with great industry, though 



MASSACHUSETTS STATE PAPERS. 409 

secretly, endeavored to undermine, alter, and overthrow the con- 
stitution of the province : therefore, 

Resolved, That this House is bound, in duty to the King and 
their constituents, humbly to remonstrate to his Majesty, the con- 
duct of his Excellency Thomas Hutcliinson, Esquire, Governor, 
and the Honorable Andrew Oliver. Esquire, laeutenant Governor 
of this province ; and to pray that his Majesty would be pleased 
to remove them forever from tlie government thereof. 



MESSAGE 

FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, 

JUNE 21, 1773. 

Gentlemen of the House of llepresentatives, 

I PERCKivE, with concern, for the honor and reputation of the 
province, that you have passed, and caused to be published, a num- 
ber of votes or resolves, in which you have, in an unparalleled and 
most injurious manner, determined the intentions and designs of 
the Governor, in certain private letters, wrote several years since, 
the originals of which, as alleged, have, by some means or other, 
come into your possession. 

Whilst I was the subject of the debates, occasioned by the let- 
ters, I did not think it advisable, to give you any interruption. 
Now, that you have come to your determination, 1 must remind 
you, that you are near to the close of the fourth week of the ses- 
sion, and, that you have done little, or none, of the business of the 
Court. 

To prevent all unnecessary burden upon your constituents, by 
too long a session, I must desire you to give despatch to such 
matters as lie before you, or are proper to be acted upon by you. 

T. HUTCHINSON. 



MESSAGE 

FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, 

JtTNE 24, 1773. 

May it please your Excellency, 

The House have maturely considered your message, of the 
21st instant, and fully apprehend, that had we not passed, and 
52, 



410 MASSACHUSETTS STATE PAPERS, 

caused to be published, the votes and resolves upon the letters, re- 
ferred to in your message, we should liave betrayed a total want 
of a proper attention, not only to the honor and reputation of the 
province, but the true interest of our constituents, however unpar- 
alleled and injurious your Excellency, is pleased to represent 
them ; and, we can assure your Excellency that this House came 
possessed of those letters in a manner truly honorable. Had your 
Excellency duly considered that those letters contained matters 
of a very extraordinary nature, and that we have already passed 
upon divers matters of a public, as well as a private nature, you 
would have judged it needless to have reminded us, that we are 
near the close of the fourth week of the session : We are, however, 
answerable to none but our constituents, for the time we spend in 
doing that part of the public business, which they have chosen us 
to transact; and, we are clearly of opinion, that we are, at present, 
the sole judges of the time that is necessary for us to take, in de- 
liberating ,and determining upon all matters, that may properly 
come under our consideration. 



EXTRACT 

:ER0M the GOVERNOR'S MESSAGE TO THE TWO HOUSES, JANUARY 26, 1774, 

Gentlemen of the Council, and 

Gentlemen of the House of Representatives, 

The judicial proceedings of the Governor and Council, as the 
Supreme Court of Probate, and, as the Court for determining in 
cases of marriage and divorce, having been impeded in many in- 
stances, where the opinion of the Governor has been dift'erent from 
that of the majority of Councellors present, the Governor having 
always considered his consent as necessary to every judicial act. 
In the year 1771, I stated the arguments, as well against, as for 
the claim of the Governor ; and his Majesty having been pleased 
to order the case thus stated, to be laid before the Lords of his 
Majesty's most honorable Privy Council, I am now able to inform 
you, that it has been signified to me, to be his Majesty's pleasure, 
that I do acquiesce in the determination of the majority of Coun- 
cellors present, voting as a Court for proving wills and adminis- 
tration, and deciding controversies concerning marriage and di- 
vorce, although I should difter in opinion from that majority. 
This order more immediately respects the Council ; nevertheless, 
the tender regard which his Majesty has shewn for the interest 
and convenience of his subjects, in a construction of the charter, 
different from what had been made by all his Governors, ever since 



MASSACHUSETTS STATE PAPERS. 411 

its first publication, make it proper for me to communicate the 
order to both Houses. 

I am required to signify to you his Majesty's disapprobation of 
the appointment of committees of correspondence, in various in- 
stances, which sit and act, during the recess ot the General Court, 
by prorogation. T. HUTCHINSON. 



EXTRACT 

FROM TH£ AXSWFR OF THE HOUSE OF REPRESENTATIVES TO THE 
GOVERNOR, FEBRUARY 5, 177 J. 

May it please your Excellency, 

It aifords great satifefaction to this House, to find, tliat his 
Majesty has been pleased to put an end to an undue claim, here- 
tofore made by the Governors of this province, grounded upon a 
supposition, that the consent of the chair was necessary to the va- 
lidity of the judicial acts of the Governor and Council. Whereby 
their proceedings, when sitting as the Supreme Court of Probate, 
and as the Court for determining in cases of marriage and divorce, 
have been so often impeded. The royal order, that the Governor 
shall acquiesce in the determination of the majority of the Coun- 
cil, respects not the Council only, but the body of the people of 
this province. And his Majesty has therein shewed his regard to 
justice, as well as the interest and convenience of his subjects, in 
rescuing a clause in the charter, from a construction, which, in the 
opinion of this House, was repugnant to the express meaning and 
intent of the charter, inconsistent with the idea of a Court of Jus- 
tice, and dangerous to the rights and property of the subject. 

Your Excellency is pleased to inform the two Houses, that you 
are required to signify to them his Majesty's disapprobation of the 
appointment of committees of correspondence, in various instances, 
which sit and act, during the recess of the General Court by pro- 
rogation. You are not pleased to explain to us the grounds and 
reasons of his Majesty's disapprobation ; until we shall have such 
explanation laid before us, a full answer to this part of your speech 
will not be expected from us. We cannot, however, omit saying 
upon this occasion, that while the common rights of the American 
subjects, continue to be attacked in various instances, and, at times 
when the several Assemblies are not sitting, it is highly necessary 
that they should correspond with each other, in order to unite in 
the most effectual means for the obtaining a redress of their griev- 
ances. And, as the sitting of the General Assemblies in this, and 
most of the colonies, depends upon the pleasure of the Governors, 



412 MASSACHUSETTS STATE PAPERS, 

who hold themselves under the direction of administration, It is to 
be expected, that the meeting of the Assemblies will be so order- 
ed, as that the intention proposed by a correspondence between 
them, will be impracticable, but by committees, to sit and act, in the 
recess. We wouhl, moreover, observe, that as it has been the 
practice for years past, for the Governor, and Lieutenant Gover- 
nor of this province, and other Officers of the Crown, at all times, 
to correspond with Ministers of State, and persons of distinction 
and influence in the nation, in order to concert and carry on sucli 
measures of the British administration, as have been deemed by 
the colonists to be grievous to them, it cannot be thought unrea- 
sonable, or improper, for the colonists to correspond with their 
agents, as well as with each other, to the end, that their griev- 
ances may be so explained to his Majesty, as that, in his justice, 
he may afford them necessary relief. As this province has here- 
tofore felt the great misfortune of the displeasure of our Sovereign, 
by means of misrepresentations, permit us further to say, there is 
room to apprehend that his Majesty has, in this instance, been 
misinformed ; and, that there are good grounds to suspect, that 
those who may have misinformed him, have had in meditation fur- 
ther measures destructive to the colonies, which they were appre- 
hensive, would be defeated by means of committees of correspon- 
dence, sittingand acting, in the recess of the respective Assemblies. 

It must be pleasing to the good people of this province, to find, 
that the heavy debt which had been incurred by their liberal aids, 
through the course of the late war, for the subduing his Majesty's 
inveterate enemies, and extending his territory and dominion in 
America, is so nearly discharged. Whenever the House of Re- 
presentatives shall deem it incumbent upon them to provide for 
any future charges, it will be done, as it ought, by such ways and 
means, as, after due deliberation, to them shall seem meet. 

In the mean time, this House will employ the powers with 
which they are entrusted, in supporting his Majesty's just autho- 
rity in the province, according to the royal charter, and in des- 
patching such public business, as now properly lies before us. 
And, while we pursue such measures, as tend, by God's blessing, 
to the redress of grievances, and to the restoration and establish- 
ment of the public liberty, we persuade ourselves, that we shall, 
at the same time, as far as in us lies, most eflfectually secure the 
tranquillity and good order of the government, and the great end, 
for which it was instituted, the safety and welfare of the people. 

[The committee, by whom the foregoing was reported, were, the 
Speaker, Mr. S. Adams, Mr. Hancock, Col. Warren, Col. Thayer, 
Col, Bowers, and Capt. Derby.] 



MASSACHUSETTS STATE PAPEHS. 418 

MESSAGE 

OF THE GOVERNOR TO BOTH HOUSES, FEBRUARY 24, 1774v 

Gentlemen of the Council^ and 

Gentlemen of the House of Representatives, 

Having received discretionary leave from the King, to go to 
England, I think it proper to acquaint you with this instance of 
his Majesty's most gracious condescension; and, that I intend to 
avail myself of it, as soon as his service will admit. 

1 must desire you to give all the despatch possible, to such 
necessary public business, as may yet lie before you ; for, I must 
soon, by an adjournment or prorogation, give the Court a recess, 
that I may attend to that preparation for my voyage, which his 
Majesty's service, and my personal affairs require. 

T. HUTCHINSON. 



SPEECH 

OF GOVERNOR GAGE TO THE TWO HOUSES, MAY 26, 1774.* 

Gentlemen of the Council, and 

Gentlenmi of the House of Representatives, 

His Majesty, having been pleased to appoint me. Governor 
and Captain General of his province of the Massachusetts Bay, 
and my commission having been read and published, I have met 
you, for the election of Councellors, for the ensuing year; ou 
"which business, you have been convened agreeably to your charter. 
And, as that work is finished, you will proceed as you shall judge, 
to the consideration of such other matters, as may properly come 
before you, and that you judge ought to be entered upon, previous 
to the first of next month. And you may be assured, that I shall, 
with pleasure, concur with you, to the utmost of my power, in all 
matters that tend to the welfare and prosperity of the province. 

I make mention of the first of next month, because, I have the 
King's particular commands, for holding the General Court at 
Salem, from that day, till his Majesty shall have signified his 
royal will and pleasure, for holding it again at Boston. 

* Gen. Gage, had then been lately appointed Governor of this pro\ince. When a list of 
the gentlemen, elected Councellors, was presented to himj he objected to James Bowdoin, 
John Winthrop, Timothy Danielson, Benjamin Austin, William Phillips, Michael Farley, 
James Prescott, John Adams, Norton Quincy, Jerathmeel Bowers, Enoch Freeman, and Jedc- 
<iiah Foster. 



414 MASSACHUSETTS STATE PAPERS. 

The honor of my appoiiitmen<^, to the command of this govern- 
ment, being so hitely conferred, and the time since I took it upon 
me, so very short, I have not, at present, any matter to lay before 
you, farther than to acquaint j^ou, that the treasurer having inform- 
ed me, that sufficient provision is made for the redemption of the 
government securities, that are now, and will become due in June, 
1775, you will have no other burden upon you, but to supply the 
treasury, for the support of government, for the ensuing year. 

THO. GAGE. 



ANSWER 

OF THE COUNCIL TO THE GOVERNOR'S SPEECH, JUNE 9, 1774, 

May it please your Excellency, 

Your speech to the two Houses, at the opening of the session, 
has been duly considered. His Majesty having been pleased to 
appoint you to the government of this province, we take this op- 
portunity to wait on you, with our congratulations, on that occasion. 
Your Excellency has arrived, at a juncture, when the harmony 
between Great Britain and the colonies is greafly interrupted ; 
vv'hereby your station, though elevated, must needs be rendered 
less agreeable to you, than otherwise it would have been. But, if 
you should be the happy instrument of restoring, in any measure, 
that harmony, and of extricating the province from their present 
embarrassments, you will, doubtless, consider these happy effects 
as more than a compensation for any inconveniences arising to 
you from the peculiar circumstances of the times. His Majesty's 
faithful Council will, on all occasions, cheerfully cooperate with 
your Excellency, in every attempt for accomplishing those desira- 
ble ends. 

We wish your Excellency every felicity. ' The greatest, of a 
political nature, both to yourself and the province, is, that your 
administration, in the principles and general conduct of it, may be 
a happy contrast to that of your two immediate predecessors. It 
is irksome to us to censure any one, but we are constrained to say, 
that there is the greatest reason to apprehend, that from their 
machinations, both in concert and apart, are derived the origin 
and progress of the disunion between Great Britain and the colo- 
nies, and the present distressed state of the province ; a province, 
to which, the latter of them, in an especial manner, owed his best 
services, and whose liberties and rights, he was wider every obli- 
gation of duty and gratitude to support. 

The inhabitants of this colony, claim no more than the rights of 
Englishmen, without diminution or abridgment. These, as it 



MASSACHUSETTS STATE PAPERS. 415 

will be our indispensable duty, so it shall be our constant endea- 
vor, to maintain, to the utmost of our power, in perfect con- 
sistence, however, with the truest loyalty to the Crown ; the just 
prerogatives of wliich, your Excellency will find this Board ever 
zealous to support. 

Permit us, sir, on this occasion, to express the firmest confi- 
dence, that, under their present grievances, the people of this 
province, will not, in vain, look to your Excellency, for your pater- 
nal aid and assistance : and, as the great end of government is 
the good of the people, that your experience and abilities will be 
applied to attain that end. The steady pursuit of which, at the 
same time it ensures their confidence and esteem, will be a source 
of the truest enjoyment, self approbation. We thank, your Excel- 
lency, for the assurance you have given, that you will, with plea- 
sure, concur with the two Houses, to the utmost of your power, in 
all matters that tend to the welfare and prosperity of the province; 
and your Excellency may be assured, that we shall contribute 
every thing on our part, to promote measures of so salutary a ten- 
dency. 

[The committee, appointed to present the above to the Gover- 
nor, reported, that, when the chairman had proceeded as far as 
that part of the address, which expressed a wish, " that his adnrnin- 
istration might be a happy contrast to that of his two immediate 
predecessors," the Governor desired the chairman not to pro- 
ceed any further, as he could not receive an address, which reflect- 
ed so highly on his predecessors ;* but, that he would assign his 
reasons to the Council, in writing.] 



MESSAGE 

FROM THE GOVERNOR TO THE COUNCIL, JUNE U, 1774. 

Gentlemen of the Council, 

I CANNOT receive an address, which contains indecent reflec- 
tions on my predecessors, who have been tried, and honorably 
acquitted, by the Lords of the Privy Council, and their conduct 
approved by the King. I consider tlie address as an insult upon 
his Majesty, and the Lords of the Privy Council, and an affront to 
myself. THO. GAGE. 



416 MASSACHUSETTS STATE PAPERS. 

" On the 17th of June, the Governor directed the Secretary to 
acquaint the two Houses, it was his pleasure the General Assembly 
should be dissolved; and to declare the same dissolved accordingly. 
The Secretary went to the Court House, and finding the door of 
the Representative's Chamber locked, directed the Messenger to 
go in, and acquaint the Speaker, that the Secretary had a message 
from his Excellency to the honorable House, and desired he might 
be admitted, to deliver it. The Messenger soon returned, and 
said he had acquainted the Speaker, who mentioned it to the 
House ; and their orders were, to keep the door fast. Whereupon, 
the following proclamation was published on the stairs leading to 
the Representative's Chamber, in presence of a number of the 
Members of the House, and divers other persons ; and immediately 
after in Council." Extract from Journal of Gen. Court. 



Province of Massachusetts Bay. 

BY THE OOVERNOR.....JV PROCLAMATION FOR DISSOLVING THE GENERAL 

COURT. 

Whereas, the proceedings of the House of Representatives, 
in the present session of the General Court, make it necessary for 
his Majesty's service, that the said General Court should be dis- 
solved ; I have, therefore, thought fit to dissolve the said General 
Court; and the same is hereby dissolved accordingly; and the 
Members thereof, are discharged from any further attendance. 

Given under my hand, at Salem, the 17th day of June, 1774, in 
the fourteenth year of his Majesty's reign. THO. GAGE. 

By his Excellency's command, 

THO. FLUCKER, Secretary. 

God save the King. 



[Before the General Court separated, they elected five delegates, 
to meet such as should be chosen by the other colonies, to convene 
at Philadelphia, to consider the critical and alarming situation of 
tlie country. They met in September, 1774, and delegates from 
all the other provinces, (except Georgia, which, however, soon 
afterwards joined the confederacy,) convened there, at that period, 
and formed the first ContincAtai Congress. The following gentle- 



MASSACHUSETTS STATE PAPERS. 417 

men were appointed delegates : Thomas Cushing, Samuel Adams, 
Robert T. Paine, James Bovvdoin, and John Adams. And as the 
General Court was dissolved, it was also proposed to have a Pro- 
vincial Congress, or meeting of deputies, from every town in this 
state. Deputies were accordingly chosen, and met at Salem, 
October 7th, 1774. An adjournment Avas immediately voted, to 
Concord. John Hancock, was chosen President, and Benjamin 
Lincoln, Secretary. A committee was appointed, to consider the 
state of the province, consisting of the following gentlemen, viz. 
the President, Joseph Hawley, Dr. Joseph Warren, Samuel Dex- 
ter, Col. Ward, Col. Warren, Capt. Heath, Col. Lee, Dr. Church, 
Dr. Holtan, Mr. Gerry, Col. Tyng, Capt. Robinson, Maj. Foster, 
and Mr. Gorham. The day following, the committee reported a 
message to Gov. Gage, which was accepted j and is as follows :] 



MESSAGE 

FROM THE PROVISTCIAL CONGRESS, SITTING AT CONCORD, TO HIS 
EXCELLENCY GOVERNOR GAGE. 

May it please your Excellency, 

The delegates, from the several towns, in the province of 
Massachusetts Bay, convened in Congress, beg leave to address 
you. The distressed and miserable state of the province, occa- 
sioned by the intolerable grievances and oppressions to which the 
people are subjected, and the danger and destruction to which 
they are exposed, of which your Excellency must be sensible, and 
the want of a General Assembly, have rendered it indispensably 
necessary to collect the wisdom of the province, by their delegates, 
in this Congress, to concert some adequate remedy for preventing 
impending ruin, and providing for the public safety. 

It is with the utmost concern, we see your hostile preparations, 
which have spread such alarm through the province, and the whole 
continent, as threaten to involve us in all the confusion and hor- 
rors of civil war : and, while we contemplate an event so deeply 
to be regretted by every good man, it must occasion the surprise 
and astonishment of all mankind, that such measures are pursued, 
against a people, whose love of order, attachment to Britain, and 
loyalty to their prince, have ever been truly exemplary. Your 
Excellency must be sensible, that the sole end of government is 
the protection and security of the people : whenever, therefore, 
that power, which was originally instituted to effect these impor- 
tant and valuable purposes, is employed to harrass and enslave 
the people ; in this case, it becpmes a curse, rather than a bles- 
sing. 

53 



418 MASSACHUSETTS STATE PAPERS. 

The most painful apprehensions are excited in our minds, bj 
the measures now pursuing; the rigorous execution of the (Boston) 
port bill, with improved severity, must certainly reduce the capi- 
tal and its numerous dependences to a state of poverty and ruin. 
The acts for altering the charter,* and the adminiistration of jus- 
tice in the colony, are manifestly designed to abridge this people of 
their rights, and to license murders; and, if carried into execu- 
tion, will reduce them to slavery. The number of troops in the 
capital, increased by daily accessions drawn from the whole con- 
tinent, together with the formidable and hostile preparations, 
which you are now making on Boston Neck, in our opinion, greatly 
endanger the lives, liberties, and property, not only of our breth- 
ren in the town of Boston, but of this province in general. Permit 
us to ask your Excellency, whether an inattentive and unconcerned, 
acquiescence to such alarming, such menacing measures, would 
not evidence a state of insanity ? Or, whether the delaying to 
take every possible precaution for the security of this province, 
would not be the most criminal neglect in a people, heretofore 
rigidly and justly tenacious of their constituted rights ? 

Penetrated with the most poignant concern, and ardently soli- 
citious to preserve union and harmony between Great Britain and 
the colonies, necessary to the well being of both, we entreat your 
Excellency to remove that brand of contention, tlie fortress at the 
entrance of Boston. We are much concerned, that you should 
have been induced to construct it, and thereby, causelessly excite 
such a spirit of resentment and indignation, as now generally 
prevails. 

We assure you, that the good people of this colony, never have 
had the least intention to do any injury to his Majesty's troops; 
but, on the contrary, most earnestly desire, that every obstacle to 
treating them as fellow subjects, may be immediately removed ; 
but are constrained to tell your Excellency, that the minds of the 
people will never be relieved, till those hostile works are demolish- 
ed. And we request you, as you regard his Majesty's honor and 
interest, the dignity, and happiness of the empire, and the peace 
and welfare of this province, that you immediately desist from the 
fortress, now constructing at the south entrance into the town of 
Boston, and restore the pass to its natural state. 

* In June of this year, an act of Parliament was passed, revoking that part of the charter, 
Avhich aUowed the Representatives of the people to elect Councellors ; and the King, with the 
advice of his Ministers, was empowered to appoint them ; and, in August, he accordingly- 
appointed others, commonly called mandamus counsellors ; being wholly independent of 
the people, and holding their office of the Crown, they were likely to be fit instrnracnts of 
oppression and tyranny. 



MASSACHUSETTS STATE PAPERS. 419 



ADDRESS 

OF THE PROVIKCIAL CONGRESS TO THE INHABITANTS OF THE TOWNS AND 
DISTRICTS OF MASSACHUSETTS BAY, DECEMBER 4, 1774. 

Friends and Brethren, 

At a time when the good peo])Ic of this colony were deprived 
of their laws, and the administration of justice ; when the cruel 
oppressions brought on their capital had stagnated almost all their 
commerce; when a standing army was illegally posted among us, 
for the express purpose of enforcing submission to a system of 
tyranny ; and, when the General Court was, with the same design, 
prohibited to sit ; we were chosen, and empowered by you, to as- 
semble, and consult upon measures necessary for our common 
safety and defence. With much anxiety for the common welfare, 
we have attended tliis service, and upon the coolest deliberation, 
have adopted the measures recommended to you. 

We have still confidence in the wisdom, justice, and goodness 
of our Sovereign, as well as in the integrity, humanity, and good 
sense of the nation. And, if we had a reasonable expectation, that 
the truth of facts would be made known in England, we should 
entertain the most pleasing hopes, that the measures concerted, 
by the colonies, jointly and severally, would procure a full redress 
of our grievances : but, we are constrained in justice to you, to 
ourselves, and posterity, to say, that the incessant and unrelenting 
malice of our enemies has been so successful, as to fill the Court 
and kingdom of Great Britain, with falsehood and calumnies con- 
cerning us, and excite the most bitter and groundless prejudices 
against us ; that the sudden dissolution ot Parliament, and the 
hasty summons for a new election, gives us reason to apprehend, 
that a majority of the House of Commons will be again elected, 
under the" influence of an arbitrary Ministry; and, that the gen- 
eral tenor of our intelligence from Great Britain, with the frequent 
reinforcements of the army and navy at Boston, excites the strong- 
est jealousy, that the system of colony administration, so un- 
friendly to the protestant religion, and destructive of American 
liberty, is still to be pursued, and attempted with force, to be 
carried into execution. 

You are placed, by Providence, in a post of honour, because it 
is a post of danger ; and while struggling for the noblest objects, 
the liberties of our country, the happiness of posterity, and rights 
of human nature, the eyes, not only of North America and the 
whole British empire, but of all Europe, are upon you. Let us 
be, therefore, altogether solicitous, that no disorderly behavior, 
nothing unbecoming our character, as Americans, as citizens, and 
christians, be justly chargeable to us. 



420 MASSACHUSETTS STATE PAPERS. 

"Whoever, with a small degree of attention, contemplates the 
commerce between Great Britain and America, will be convinced, 
that a total stoppage thereof, will soon produce in Great Britain 
such dangerous eftects, as cannot fiiil to convince the Ministry, 
the Parliament, and people, that it is their interest and duty to 
grant us relief. Whoever considers the number of brave men 
inhabiting North America, well know, that a general attention to 
military discipline, must so estai)lish their rights and liberties, as 
under God, to render it impossible for an arbitrary Minister of 
Britain, to destroy them. These are facts, which our enemies are 
apprized of, and if they will not be influencd by principles of jus- 
tice, to alter their cruel measures towards America, these ought to 
lead them thereto. They, however, hope to effect by stratagem, 
what they may not obtain by power, and are using arts, by the 
assistance of base scribblers, who undoubtedly receive their bribes, 
and by many other means, to raise doubts and divisions through- 
out the colonies. 

To defeat their wicked designs, we think it necessary for each 
town to be particularly careful, strictly to execute the plans of 
the Continental and Provincial Congress ; and, while it censures 
its own individuals, counteracting those plans, that it be not de- 
ceived, or diverted from its duty by rumors, should any take place, 
to the prejudice of other communities. Your Provincial Congresses, 
We have x-eason to hope, will hold up the towns, if any should be 
so lost, as not to act their parts ; and none can doubt, that the 
Continental Congress will rectify errors, should any take place, 
in any colony, through the subtilty of our enemies. Surely, no 
arguments can be necessary, to excite you to the most strict ad- 
herence to the American Association, since the minutest deviation 
in one colony, especially in this, will probably be misrepresented 
in the others, to discourage their general z,eal and perseverance, 
which, however, we assure ourselves, cannot be effected. 

While the British Ministry are suffered, with a high hand, to ty- 
rannise over America, no part of it, we presume, can be negligent 
in guarding against the ravages threatened by the standing army, 
now in Boston ; these troops will, undoubtedly, be employed in 
attempts to defeat the association, which our enemies cannot but 
fear, will eventually defeat them; and, so sanguinary are those, our 
enemies, as we have reason to think, so thirsty for the blood of 
this innocent people, who are only contending for their rights, that 
we should be guilty of the most unpardonable neglect, should we 
not apprize you of your danger, which appears to us imminently 
great, and ought, attentively, to be guarded against. The im- 
provement of the militia in general, in the art military, has been 
therefore thought necessary, and strongly recommended by this 
Congress. We now think, that particular care should be taken 
by the towns and districts in this colony, that each of the minute 
men, not already provided therewith, should be immediately equip- 



MASSACHUSETTS STATE PAPERS. 421 

ped with an eftective fire arm, bayonet, pouch, knapsack, thuty 
rounds of cartridges and ball, and, that they be disciplined three 
times a week, and oftener, as opportunity may ofter. 

To encourage these, our worthy countrymen, to obtain the skill 
of complete soldiers, we recommend it to the towns, and districts, 
forthwith to pay their own minute men a reasonable consideration 
for their services ; and, in case of a general muster, their further 
services must be recompensed by the province. An attention to 
discipline in the militia, in general, is, however, by no means to 
be neglected. 

With the utmost cheerfulness, we assure you, of our determina- 
tion to stand or fall, with the liberties of America ; and while we 
humbly implore the sovereign disposer of all things, to whose 
divine Providence, the rights of his creatures cannot be indifferent, 
to correct the errors, and alter the measures of an infatuated Min- 
istry, we cannot doubt of his support, even in the extreme difficul- 
ties, which we all may have to encounter. May all means 
devised, for our safety, by the general Congress of America, and 
Assemblies, or Conventions of the colonies, be resolutely executed, 
and happily succeeded ; and may this injured people be reinstated 
in the full exercise of their rights, without the evils and devasta- 
tions of civil war. 



[Other documents might have been given, which would be inter- 
esting to the people of Massachusetts, and of the kind promised 
in the proposal, for publishing this volume. But, the controversy 
respecting the extent of the rights of the colonies, for many years 
maintained, chiefly by the Legislature, and individual citizens ot 
Massachusetts, had, at this period, become general through the 
provinces ; and, a Continental Congress, having been appointed, 
and convened, to consider the political condition of the country, 
it is not necessary to give any further proceedings of the people of 
this State. It is true, also, that all important events, subsequent 
to 1774, are preserved in various public journals, to which the fu- 
ture historian of America, may easily have access,] 



CONTENTS. 



Page 
Introductory Remarks, -..-...-.3 

Governor Bernard's Speech, --....-. 17 

Answer of General Court, respecting grievances, ------ 18 

Petition of the two Houses, to House of Commons, as to acts of revenue, - - 21 

Letter from Committee of General Court to their Agent, on same subject, - - 24 

Statement of services of this colony, -..-... 25 

Speech of Governor Bernard, -...-..-28 

Answer of the Council to the above, ....... 29 

Letter from Agent in England, --.-....SO 

Letter from Agent in England, .------. 31 

Letter from the Council to Agent, --------31 

Governor Bernard's Speech, -._..--- 33 

Proceedings of the House of Representatives, for a Continental Congress, - . 35 

Circular Letter respecting a Continental Congress, - . . - . 36 

Petition of Continental Congress to the King, 1765, ...--. 3? 

Governor Bernard's Speech, September, 1765, respecting colony rights, - - 39 

Answer of House of Representatives to the above, ... - - - 43 

Speech of Governor Bernard, respecting stamps, . . - - . 49 

Answer of House of Representatives to the above, . - ... 49 

Resolves of House of Representatives, as to the rights of the colonies, October, 1765, 50 

Message from House of Representatives to Council, as to drawing money from the 

Treasury, ...........51 

Replyof Council to the above, .--.-..- 53 

Answer to the above, -..-.-- .-.54 

Speech of Governor Bernard to the foregoing, .... - 59 

Speech of Governor, and Answer thereto, ---- -- -63 

Report respecting grievances, ------.- 54 

Proceedings of General Court, as to stopping of the Courts, - - - - 65 

Letter from Agent in England, -----..- gg 

Letter from Secretar)' of State to Governor Bernard, ----- es 

Letters from Agent in England, to Government, - - - _ . 59 

Speech of Governor Bernard on repeal of Stampt Act, ----- 74 

Answer of House of Representatives to the foregoing, ..... 76 

Speech of Governor Bernard, referring to acts of Parliament, - - - - 81 

Answer of Council to the foregoing, -...--. 34 

\nswer of House of Representatives to the foregoing, - - - - - 88 

Address of Thanks from House of Representatives to the King, on repeal of Stamp 

Act, ----------. gi 

Address of Thanks to several noblemen, ---.---93 
Answer of House of Representatives to Governor, on compensation to those who 

lost by riot, -.-.--..-. gg 

Message from tlie Governor to the House of Representatives on same subject, - 94 

Reply of House of Representatives to the above, - - - - . pg 

Speech of Governor Bernard on same subject, - - - - - - 97 

Answer of House of Representatives to the foregoing, - - '' - - 97 

Speech of the Governor on same question, -------98 

Letter of Lox-d Shelburne on same, ------- gg 

Resolves of House of Representatives relating to same, ----- loo 

Letter from Agent in England, on same, --_--. jqj 

Speech of Governor at opening of session, -----.. 102 

Answer of House of Representatives on extent of rights, &c. . - - j^j 

Messageof House of Representatives to Governor, as to troops, - - - - 105 

Answer of Governor to above, -----.-- J05 

Message from House of Representatives to Governor, on his ordering pay for the troops, 107 
Reply of Governor Bernard to the foregoing, ------ 108 

Governor's Speech at opening of the Session, May, 1767, recommending harmony, 109 

Message from Governor, on arrival of troops, ...... 109 

Answerof House of Representatives to the above, ----- no 

Resolveof General Court, making usual provision for troops, - - . -. 112 

Resolve of House of Representatives as to their Letters, &c. . - . nj 

Message from the Governor, in reference to said letters, ----- 115 

Answer of House of Representatives on above, and others written by the Governor, ' 113 
Letter from Lord Shelburne to Governor Bernard, respecting rights, - . 117 

Message of Governor to the House of Representatives, as to a libel, - - - 118 

Reply of House of Representatives, .-.-...- 119 

Speech of Governor Bernard, vindicating his conduct, - - - - - J20 



CONTENTS. 423 

Petition of House of Representatives to the King, ' ' ' 'j ' ^^^ 
Letter of House of Representatives to Agent in England, in January, 1769, on colony 

rights, &c. ----------- 124 

Circular letter of House of Representatives to other colonies, respecting the Brit- 
ish revenue acts, -__-..--- 134 
Letter of House of Representatives to Lord Shelburne. on same subject, in England, 142 
Letter from Agent in England, ..--.... 142 

Letter of House of Representatives to Marquis of Rockingham, on grievances, - 142 
Speech of Governor Bernard, May, 1768, .--..-- 145 
Message of Governor to House of Representatives, requiring them to rescind their cir- 
cular, -----..--.- 145 

Reply of House of Representatives to foregoing, ------ 146 

Message of Governor, communicating letter of Lord Hillsborough, - . - 146 

Message of House of Representatives, refusing to rescind, ... - 147 

General Court dissolved, June, 1768, .---..- 150 

Letter of House of Representatives to Lord Hillsborough, June, 1768, . _ - 151 

Resolutions of Council, vindicating their conduct, - ... - 156 

Statement of difficulty, and dispute about troops, ------ 158 

Resolves of House of Representatives respecting Governor Bernard's letters, - 160 

Letter from Agent in England, about circular letter, - - - - - 160 

Letter from Agent in England, about circular letter of House of Representatives, 161 
Letter of Council to Lord Hillsborough, vindicating their conduct, - - 162 
Message of House of Representatives to Governor Bernard, election day, 1769, com- 
plaining of a military guard, .--...-- 166 
Protest of House of Representatives, on same subject, same time, . - - 167 
Answer of Governor Bernard, same time, --_.--. 163 
Speech of Governor Bernard to the two Houses, - - - - - 168 

Answer of House of Representatives to the above, complaining of troops stationed in 

Boston, - - - - - -- - - - -169 

Message of Governor Bernard to House of Representatives, as to troops, - - 171 

Answer of the House of Representatives, defending their rights, &c, - - - 172 

Resolves of House of Representatives, condemning the stationing of troops here, - 174 

Message of the Governor to House of Representatives, to proceed to usual business, - 17S 

Message of the Governor, informing of his going to England, - - - 175 

Resolves of House of Representatives on colony and charter rights, &c. - - 176 

Answer of the two Houses to the Governor's speech, " " ' " " ^"' 

Answer of House of Representatives to Governor's message of his going to England, - 181 

Message of Governor Bernard, requesting provision for the troops, . - - 183 

Message of Governor Bernard, about barracks for troops, ----- 183 

Reply of House of Representatives to tht two laot, - . . . 184 

Speech of the Governor to both Houses, complaining of unkind treatmtrttt, - - 182 

Petition of House of Representatives to the King, to remove Governor Bernard, - ISS 

Letter from the two Houses to Agent in England, about appeals to England, - - 191 

I/Ctter from Agent in England, on public measures, ..... ^H 

Speech of Lieutenant Governor Hutchinson to both Houses, giving reasons for pro- 
roguing the Court, and holding it at Cambridge, . - - _ . 194 
Remonstrance of House of Representatives against the above, ... 195 
Message of the Lieutenant Governor to House of Representatives, on same subject, - 196 
Answer of House of Representatives to the Lieutenant Governor, on same subject, 19" 
Message of Lieutenant Governor, and reply of House of Representatives on same sub- 
ject, .-----------195 

Message of Lieutenant Governor, about his instructions, - - - . igy 

Message of House of Representatives, complaining of removal of Court, ' - - !99 

Reply of Lieutenant Governor to the above, - - - . _ _ ggg 

Resolutions of House of Representatives on same subject, - - - . . 201 

Message of Lieutenant Governor, about a riot at Gloucester, . .. _ 202 

Resolves of House of Representatives, to the above, - . . . . 203 

Message of House of Representatives to Lieutenant Governor, May 31, 1770, complain- 
ing of being convened out of Boston, _..--. 206 
Protest respecting the same, .-..----. 2O8 

Speech of Lieutenant Governor at opening of Session, May, 1770, - - - 208 
Message from Lieutenant Governor to House of Representatives, justifjing removal 

of Court, .-......--. 210 

Message from Lieutenant Governor to House of Representatives, about instructions, 211 

Resolves of House of Representatives against holding General Court out of Boston, - 212 

Message of House of Representatives, on same subject, - - _ . 215 

Message from Lieutenant Governor, urging to proceed to usual business, - - 216 

Resolves of House of Representatives, adliering to former vote, - - - 21? 

Address of Council to Lieutenant Governor, as to Court sitting in Cambridge, - 223 

Reply of Lieutenant Governor to the foregoing, ..... 327 

Message of House of Representatives to Lieutenant Governor, declining to proceed 

to business in Cambridge, .._--..- 22s 
Answer of Lieutenant Governor to the foregoing, . - - - . 229 
Message of Council to Lieutenant Governor, as to force of ministerial instructions, - 229 
Letter of the Council to Agent in England, giving an account of the Massacre, - 233 
Message of House of Representatives to Lieutenant Governor, praying to be remov- 
ed to Boston, or prorogued, ....-.-. 235 

Message of Lieutenant Governor to both Houses, declining removing General Court 

to Boston, - - - - - ... . - - 236 

Message of House of Representatives, refusing to proceed to business, - - 236 



424 CONTENTS. 

Speech ofLleutenant Gove»-nor,justifyingtheholdingof General Court at Cambridge, 237 
Message of House of Representatives to Lieutenant G )vernor, shewing why they 

could not act on public business out of Boston, ----- 240 

Reply of Lieutenant Governor to above, contending for a right to convene the Court 

at Cambridge, ...-.--.-_ 249 

Speech of Lieutenant Governor, September,1770, urg^ing to proceed to public business, 2i5 

Message of House of Representatives to Lieutenant Governor, . . - 2S7 

Reply of Lieutenant Govei-nor to foregoing, .--... 258 
Messageof House of Representatives, complaining of putting regular troops at the 

Castle, --..--.... 253 

Reply of Lieutenant Governor, vindicating himself, - - - , . 259 

Message of House of Representatives to Lieutenant Governor, about the Castle, - 261 

Answer of Lieutenant Governor to the foregoing, - - . . . 262 
Message to Lieutenant Governor, from Council, requesting a sight of Letters ftom 

England, concerning them, --...-_ 262 

Statement of complaint against the Council, ...... 262 

Report of Council as to Secretary Oliver's deposition of their doings, - - 264 

Letter of Council to Agent in England, on same subject, - - . . 273 

Message of Lieutenant Governor, as to the enactmg style of laws, - . . 278 

Answer of House of Representatives to the above, - ... - 278 

Message of Lieutenant Governor on same subject, - - - - - 285 

Message of House of Representatives to Lieutenant Governor, on same subject, - 281 
Resolves of House of Representatives, November, 1770, against holding Court at 

Cambridge, ---------- 286 

"Message of House of Representatives to Lieutenant Governor, complaining of his giv- 
ing up the Castle, .......-- 287 

Message of House of Representatives, respecting the Militia, . - - . 289 
Message of Lieutenant Governor to House of Representatives, as to enacting style of 

laws, ---.-....- . 290 

Message of Lieutenant Governor, April, 1771, --..-. 294 

Answer of House of Representatives to the above, ..... 296 

Message from House of^ Representatives to Governor, about grant for his salary, - ?98 

Answer of Governor to the foregoing, ..-..-- 298 

Speech of Governor about settlers on eastern lands, ..... 300 

Protest of House of Representatives, against holding General Court at Cambridge, 302 
Answer of House of Representatives to the Governor's Speech, vindicating the char- 
acter of the people, ..-._.... 304 

Resolves of House ol Representatives, as to the Governor's salary from the Crown, 328 

Message of House of Representatives to the Governor, ojj same subject, - - 329 

Governor's Message about repn'ro on i-i«T-;noo iiou»c, ■ . - . . 330 

Replyof House of Representatives, on same subject, ... - - 330 
Message of the Governor to House of Representatives, as to his right to receive his 

salary from the Crown, ........ 33^ 

Speech of Governor Hutchinson, on the power of Parliament, and rights of colony, - 336 

Reply of the Council to the Governor, on the same subject, > . . - 342 

Reply of the House of Representatives to the Governor, on the same subject, . 351 

Message to the Governor, as to salary of Judges, ..... -365 

Answer of the Governor, to the above, .-...-. 355 

Message of House of Representatives to the Governor, as to Judges salaries, . 366 

Speech of the Governor to the two Houses, on the Power of Parliament, &c. - 368 

Answerof the Council, to the foregoing, ....._ sgj 

Answer of the House of Kepresentatives, on the same subject, .... 334 

Resolves of House of Representatives, as to Judges receiving salaries from theCrown, 396 

Letter of the two Houses to Lord Dartmouth, respecting dispute with the Governor, 398 

Counsellors rejected by the Governor, ...... 400 

Resolves of House of Representatives on a letter from Virginia, for Committees of 

Correspondence, ....-...- 400 

Letter of House of Representatives to other Colonies, - ",•..:. " " '^"^ 
Proceedings respecting Governor and Lieutenant Governor's letters]; injurious to the 

Province, - - - - - - -- - - 402 

Resolves of House of Representatives respecting said letters, - ~ - - - 404 

Message from the Governor, on same subject, -----. 409 

Reply of House of Representatives to the foregoing, - - - - - 409 

Governor's Message, respecting power of Council in divorces, . - - 410. 

Answer of the House of Representatives, to the above, ----- 411 

Governor's Message on his going to England, ----- 413 

Speech of Governor Gage to both Houses, May, 1774, - - . - . 413 

Answer of Council to the above, _..---_ 414 

Message of Governor Gage to the Council, --_.-- 415 

General Court dissolved, June 17, 1774, ._.--- 416 

Delegates chosen to a Continental Congress, and Provincial Congress proposed, - 416 

Message from Provincial Congress, October, 1774, to Governor Gage, - - 417 

Address of Provincial Congress to the people, -..-._ 419 

Concluding paragraph, -.--,-- 421 




°011 711 7856 



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